CareDX Inc. failed to save its patents related to organ transplant rejection tests, as the Federal Circuit affirmed that the inventions are ineligible for patents.
The patents—which describe a breakthrough way to measure organ transplant rejection with a blood test—observe a natural phenomenon, meaning they’re not eligible for patent protection under US Supreme Court precedent, the US Court of Appeals for the Federal Circuit ruled. The inventions use new techniques, not created by the same scientists, to measure the amount of the donor’s DNA leeching from transplanted organs.
Because the “patents are directed to a natural law together with conventional steps to detect or quantify the manifestation of that law, they are ineligible under” federal patent law, according to the opinion.
The ruling comes after a Delaware judge invalidated the patents that CareDX licensed from Stanford University, delivering a blow to CareDX’s infringement suits against rivals Natera Inc. and Eurofins Viracor Inc. CareDX had accused the competitors of using its tests without permission.
“We are pleased that multiple courts have rejected CareDx’s baseless claims against Natera’s proprietary technology,” said Daniel Rabinowitz, Natera’s chief legal officer. “Natera is a leading innovator of cfDNA testing, and we remain focused on serving the transplant community, including our many...
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