Laboratory Corporation of America must face a September trial date in a lawsuit accusing it of copying Ravgen Inc.'s prenatal DNA testing technology, a West Texas federal judge ruled Tuesday, finding that a patent tribunal’s decisions to probe the validity of some accused patent claims and a conflicting executive summit aren’t enough to delay the proceedings.
Judge Alan Albright denied Labcorp’s request to push the trial back to December, after the Patent Trial and Appeal Board is expected to issue decisions on the validity of many patent claims implicated in the lawsuit.
Albright acknowledged that the PTAB has agreed to ...