Geneoscopy, Inc., a life sciences company focused on developing diagnostic tests for the advancement of gastrointestinal health, today announced that the U.S. Patent Trial and Appeal Board (PTAB) has instituted inter partes review (IPR) of U.S. Patent No. 11,970,746 (“the ‘746 patent”) owned by Exact Sciences.
After reviewing Geneoscopy’s petition, the supporting evidence, and Exact Sciences’ arguments in response, the PTAB determined that Geneoscopy has shown a reasonable likelihood of prevailing on its assertion that the challenged claims of Exact Sciences’ ‘746 patent are unpatentable as obvious over the prior art. Previously, the PTAB instituted an IPR to review the claims of another patent (‘781 Patent) owned by Exact Sciences based on Geneoscopy’s petition challenging the validity of the ‘781 Patent. Both decisions are publicly available on the PTAB website.
“The PTAB’s decision to institute an IPR against the ‘746 patent, following its July 2024 institution of an IPR against the ‘781 patent, means the PTAB has found it likely that both patents Exact Sciences has asserted in court against Geneoscopy are invalid,” said Andrew Barnell, CEO and co-founder of Geneoscopy. “We are confident that the asserted claims of these patents are unpatentable. These decisions reinforce our position and pave the way for Geneoscopy's launch of ColoSense®, which will bring a new colorectal cancer screening option to the market to increase access to effective and convenient testing that has the potential to save lives.”
Geneoscopy filed its second IPR petition after Exact Sciences alleged infringement of the ‘746 patent in a lawsuit filed in the U.S. District Court for the District of Delaware. As with the first petition of the ‘781 patent, Geneoscopy explained that nothing in the ‘746 patent is inventive, the method is obvious, and the challenged claims are invalid. The PTAB’s decision further strengthens Geneoscopy’s defenses to Exact Sciences’ allegations in the lawsuit. Geneoscopy has also filed a countersuit against Exact Sciences, alleging breach of contract, misappropriation of trade secrets, and various violations of state and federal law.
About Geneoscopy, Inc.
Geneoscopy, Inc. is a life sciences company focused on developing diagnostic tests for gastrointestinal health. Leveraging its proprietary, patented stool-derived eukaryotic RNA (seRNA) biomarker platform, Geneoscopy’s mission is to empower patients and providers to transform gastrointestinal health through innovative diagnostics. The company’s FDA-approved ColoSense test uses a proprietary RNA-based platform to screen for colorectal cancer and advanced adenomas for average-risk individuals over the age of 45. In partnership with leading universities and biopharmaceutical companies, Geneoscopy is also developing diagnostic tests for treatment selection and therapy monitoring in other areas of gastrointestinal health. For more information, visit www.geneoscopy.com and follow the company on LinkedIn.
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