Alere Flips PTAB in Urine Test Patent Challenge After SAS Remand

Rembrandt Diagnostics LP has lost most of a urine test cup patent, after Abbott Laboratories unit Alere Inc. convinced the Patent Trial and Appeal Board to flip following a U.S. Supreme Court decision that said the board needs to take an all-or-nothing approach to patent reviews.

Alere challenged the patent in 2016. The PTAB agreed to review some of the disputed claims, based on certain arguments. It denied parts of the challenge it said weren’t likely to win. In a February 2018 final decision, the board found just one patent claim invalid.

The U.S. Court of Appeals for the Federal ...