Guardant Cancer Test Patent Claims Revived by Federal Circuit

An administrative tribunal ignored evidence of a cancer diagnostic test’s commercial success when it invalidated claims in Guardant Health Inc.'s DNA analysis patent, the Federal Circuit ruled Friday.

Chief Judge Kimberly A. Moore vacated and remanded a Patent Trial and Appeal Board decision that found parts of US Patent No. 9,834,822 were obvious, saying the board improperly glossed over an expert’s testimony about the Guardant360 test covered by the patent that could’ve saved it from invalidation.

“The Board’s finding was falsely premised on Guardant’s failure to cite evidence, such as expert testimony, establishing nexus,” Moore wrote. “The Board simply overlooked ...