`
`M O R R I S , N I C H O L S , A R S H T & T U N N E L L L L P
`1201 NORTH MARKET STREET
`P.O. BOX 1347
`WILMINGTON, DELAWARE 19899-1347
`
`302 658 9200
`302 658 3989 FAX
`
`JEREMY A. TIGAN
`(302) 351-9106
`jtigan@morrisnichols.com
`
`
`VIA E-FILING
`
`May 28, 2023
`
`The Honorable Jennifer L. Hall
`U.S. District Court for the District of Delaware
`844 N. King Street
`Wilmington, DE 190801
`
`Re:
`
`
`
`
`
`Dear Judge Hall,
`
`
`Ravgen, Inc. v. Myriad Genetics, Inc. et al.,
`C.A. No. 20-1730 (RGA) (JLH)
`Ravgen, Inc. v. Ariosa Diagnostics, Inc. et al.,
`C.A. No. 20-1646 (RGA) (JLH)
`Ravgen, Inc. v. Biora Therapeutics, Inc.
`C.A. No. 20-1734 (RGA) (JLH)
`
`
`
`
`
`
`
`
`
`
`In advance of the Markman hearing in this case scheduled for May 31, 2023, we write to
`
`inform the Court that Plaintiff Ravgen, Inc. and Defendants Myriad Genetics, Inc. and Myriad
`Women’s Health, Inc. have resolved their dispute regarding the construction of the term
`“mutation” (see ’277 patent, claim 67; ’720 patent, claims 7-9). Ravgen and Myriad respectfully
`request that the Court construe this term as “an alteration in the gene sequence compared to a
`consensus wild type sequence, excluding chromosomal abnormalities like an aneuploidy.”
`
`We have conferred with the defendants in the related actions and they do not oppose this
`construction for the term “mutation” as it appears in the claims of Ravgen’s patents, nor will any
`defendants seek to argue the term is indefinite during the Markman hearing.
`
`Respectfully,
`
`/s/ Jeremy A. Tigan
`
`Jeremy A. Tigan (#5239)
`
`
`
`
`
`Case 1:20-cv-01734-JLH Document 134 Filed 05/28/23 Page 2 of 2 PageID #: 12583
`
`
`
`JAT/cpc
`
`cc:
`
`
`Clerk of Court (via hand delivery)
`All Counsel of Record (via electronic mail)
`
`2
`
`
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