`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`RAVGEN, INC.,
`
`v.
`
`Plaintiff,
`
`ARIOSA DIAGNOSTICS, INC.,
`ROCHE SEQUENCING SOLUTIONS, INC.,
`ROCHE MOLECULAR SYSTEMS, INC., and
`FOUNDATION MEDICINE, INC.,
`
`Defendants.
`
`Plaintiff,
`
`RAVGEN, INC.,
`
`v.
`
`MYRIAD GENETICS, INC., and
`MYRIAD WOMEN’S HEALTH, INC.,
`
`Defendants.
`
`Plaintiff,
`
`RAVGEN, INC.,
`
`v.
`
`BIORA THERAPEUTICS, INC.,
`
`Defendant.
`
`C.A. No. 20-cv-1646-RGA-JLH
`
`JURY TRIAL DEMANDED
`
`C.A. No. 20-cv-1730-RGA-JLH
`
`JURY TRIAL DEMANDED
`
`C.A. No. 20-cv-1734-RGA-JLH
`
`JURY TRIAL DEMANDED
`
`CLAIM CONSTRUCTION ORDER
`CONSTRUING AGREED TERMS
`
`WHEREAS, on April 10, 2023, the parties in the above-captioned actions submitted a joint
`
`claim construction brief (D.I. 150 in C.A. No. 20-1646-RGA-JLH; D.I. 104 in C.A. No. 20-1730-
`
`RGA-JLH; and D.I. 108 in C.A. No. 20-1734-RGA-JLH (the “Joint Brief”));
`
`WHEREAS, the parties have agreed to constructions of certain terms contained in the Joint
`
`Brief as used in the Asserted Patents;
`
`1
`
`
`
`Case 1:20-cv-01734-JLH Document 146 Filed 06/21/23 Page 2 of 2 PageID #: 12898
`
`WHEREAS, during the June 1, 2023 teleconference, Judge Hall directed the parties to
`
`submit a proposed order containing the agreed upon constructions to the Court;
`
`NOW THEREFORE, IT IS HEREBY ORDERED that the following agreed upon claim
`
`constructions are adopted:
`
`Claim Term/Phrase
`“mutation”
`
`(’277 patent, claim 67;
`’720 patent, claims 7–9)
`
`Term 6 in the Joint Brief
`“quantitating a ratio of the
`relative amount of alleles at a
`heterozygous locus of interest in
`a mixture of template DNA”
`
`(’277 patent, claims 1, 116)
`
`Term 8 in the Joint Brief
`“wherein said ratio for alleles at
`heterozygous loci of interest on
`a chromosome are summed and
`compared to the ratio for alleles
`at heterozygous loci of interest
`on a different chromosome”
`
`(’277 patent, claim 50)
`
`Term 9 in the Joint Brief
`“isolating free nucleic acid”
`
`(’720 patent, claim 1)
`
`Term 4 in the Joint Brief
`
`Agreed Construction
`“an alteration in the gene sequence compared to a
`consensus wild type sequence, excluding chromosomal
`abnormalities like an aneuploidy”
`
`“calculating a ratio of the relative amount of alleles at a
`heterozygous locus of interest in a mixture of template
`DNA”
`
`No construction necessary.
`
`“isolating free nucleic acid from non-nucleic acid”
`
`IT IS SO ORDERED this
`
`21st
`
` day of June, 2023.
`
`/s/ Richard G. Andrews
`The Honorable Richard G. Andrews
`United States District Judge
`
`2
`
`
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