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Federal Circuit Vacates Lack of Written Description Ruling In Interference
On June 27, 2017, a Federal Circuit panel of Judges O'Malley, Reyna, and Chen issued a unanimous opinion, authored by Judge O'Malley, in Bd. of Trs. of the Leland Stanford Junior Univ. v. Chinese Univ. of H.K., 860 F.3d 1367 (Fed. Cir. 2017). Because the Patent Trial and Appeal Board (PTAB) did not support its decision of unpatentability for lack of written description with substantial evidence, the panel vacated the decision and remanded for further proceedings.
The underlying interferences on appeal involve the use of cell-free fetal DNA (cff-DNA), or fetal DNA that was discovered to circulate in the blood of pregnant women. Dr. Dennis Lo of Chinese University of Hong Kong (CUHK) and Dr. Stephen Quake of Stanford, the competing inventors in this case, both developed methods for diagnosing fetal aneuploidies using cff-DNA. The methods involve detecting small differences between the quantity of a chromosome for which there may be an aneuploidy and the quantity of one or more normal chromosomes from a sample containing maternal and fetal DNA. Stanford, 860 F.3d at 1370.
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