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`Ravgen, Inc.,
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`v.
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`Progenity, Inc.,
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`Civil Action No. 20-cv-1734-RGA-JLH
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`JURY TRIAL DEMANDED
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`Plaintiff,
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`Defendant.
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`PLAINTIFF RAVGEN’S ANSWER TO PROGENITY’S COUNTERCLAIMS
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`Plaintiff and Counterclaim Defendant Ravgen, Inc. (“Ravgen”) answers Defendant and
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`Counterclaimant Progenity, Inc’s (“Progenity”) counterclaims (D.I. 10, “Counterclaims”) as
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`follows:
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`1.
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`2.
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`3.
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`PARTIES
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`Ravgen admits the allegations in Paragraph 1 of the Counterclaims.
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`Ravgen admits the allegations in Paragraph 2 of the Counterclaims.
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`JURISDICTION AND VENUE
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`Ravgen does not contest that this Court has jurisdiction over the subject matter of
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`these Counterclaims. The remaining allegations in Paragraph 3 of the Counterclaims are legal
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`conclusions that require no response.
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`4.
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`Ravgen does not contest that this Court has personal jurisdiction over Ravgen. The
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`remaining allegations in Paragraph 4 of the Counterclaims are legal conclusions that require no
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`response.
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`5.
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`Ravgen does not contest that venue is proper in this District. The remaining
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`allegations in Paragraph 5 of the Counterclaims are legal conclusions that require no response.
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`Case 1:20-cv-01734-RGA-JLH Document 14 Filed 04/13/21 Page 2 of 5 PageID #: 1212
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`COUNT I
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`Declaration of Invalidity of U.S. Patent No. 7,727,720
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`Ravgen incorporates by reference paragraphs 1–5.
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`Ravgen admits the allegations in Paragraph 7 of the Counterclaims.
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`Ravgen admits that it is the legal owner by assignment of the ’720 patent.
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`Ravgen admits that it has alleged that Progenity has directly and indirectly infringed
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`6.
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`7.
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`8.
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`9.
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`and continues to directly and indirectly infringe one or more claims of the ’720 patent.
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`10.
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`Ravgen admits that Progenity purports to seek a declaration under 28 U.S.C. §§
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`2201 and 2202 concerning whether Progenity has infringed and is infringing any valid and
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`enforceable claim of the ’720 Patent. The remaining allegations in Paragraph 10 of the
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`Counterclaims are legal conclusions that require no response.
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`11.
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`12.
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`Ravgen denies the allegations in Paragraph 11 of the Counterclaims.
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`Ravgen admits that Progenity purports to desire a judicial determination of its rights
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`and duties with respect to any alleged infringement of the ’720 patent.
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`13.
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`The allegations in Paragraph 13 are legal conclusions that require no response.
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`COUNT II
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`Declaration of Non-Infringement of U.S. Patent No. 7,727,720
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`Ravgen incorporates by reference Paragraphs 1-13.
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`Ravgen admits the allegations in Paragraph 15 of the Counterclaims.
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`Ravgen admits that it is the legal owner by assignment of the ’720 patent.
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`Ravgen admits that it has alleged that Progenity has directly and indirectly infringed
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`14.
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`15.
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`16.
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`17.
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`and continues to directly and indirectly infringe one or more claims of the ’720 patent.
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`2
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`Case 1:20-cv-01734-RGA-JLH Document 14 Filed 04/13/21 Page 3 of 5 PageID #: 1213
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`18.
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`Ravgen admits that Progenity purports to seek a declaration under 28 U.S.C. §§
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`2201 and 2202 concerning whether Progenity has infringed and is infringing any valid and
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`enforceable claim of the ’720 Patent. The remaining allegations in Paragraph 18 of the
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`Counterclaims are legal conclusions that require no response.
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`19.
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`20.
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`Ravgen denies the allegations in Paragraph 19 of the Counterclaims.
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`Ravgen admits that Progenity purports to desire a judicial determination of its rights
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`and duties with respect to any alleged infringement of the ’720 patent.
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`21.
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`The allegations in Paragraph 21 are legal conclusions that require no response.
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`COUNT III
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`Declaration of Invalidity of U.S. Patent No. 7,332,277
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`Ravgen incorporates by reference paragraphs 1–21.
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`Ravgen admits the allegations in Paragraph 23 of the Counterclaims.
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`Ravgen admits that it is the legal owner by assignment of the ’277 patent.
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`Ravgen admits that it has alleged that Progenity has directly and indirectly infringed
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`22.
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`23.
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`24.
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`25.
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`and continues to directly and indirectly infringe one or more claims of the ’277 patent.
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`26.
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`Ravgen admits that Progenity purports to seek a declaration under 28 U.S.C. §§
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`2201 and 2202 concerning whether Progenity has infringed and is infringing any valid and
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`enforceable claim of the ’277 Patent. The remaining allegations in Paragraph 26 of the
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`Counterclaims are legal conclusions that require no response.
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`27.
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`28.
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`Ravgen denies the allegations in Paragraph 27 of the Counterclaims.
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`Ravgen admits that Progenity purports to desire a judicial determination of its rights
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`and duties with respect to any alleged infringement of the ’720 patent.
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`29.
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`The allegations in Paragraph 29 are legal conclusions that require no response.
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`3
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`Case 1:20-cv-01734-RGA-JLH Document 14 Filed 04/13/21 Page 4 of 5 PageID #: 1214
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`COUNT IV
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`Declaration of Non-Infringement of the U.S. Patent No. 7,332,277
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`Ravgen incorporates by reference Paragraphs 1-29.
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`Ravgen admits the allegations in Paragraph 31 of the Counterclaims.
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`Ravgen admits that it is the legal owner by assignment of the ’277 patent.
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`Ravgen admits that it has alleged that Progenity has directly and indirectly infringed
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`30.
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`31.
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`32.
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`33.
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`and continues to directly and indirectly infringe one or more claims of the ’277 patent.
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`34.
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`Ravgen admits that Progenity purports to seek a declaration under 28 U.S.C. §§
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`2201 and 2202 concerning whether Progenity has infringed and is infringing any valid and
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`enforceable claim of the ’277 Patent. The remaining allegations in Paragraph 34 of the
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`Counterclaims are legal conclusions that require no response.
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`35.
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`36.
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`Ravgen denies the allegations in Paragraph 35 of the Counterclaims.
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`Ravgen admits that Progenity purports to desire a judicial determination of its rights
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`and duties with respect to any alleged infringement of the ’277 patent.
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`37.
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`The allegations in Paragraph 37 are legal conclusions that require no response.
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`PRAYER FOR RELIEF
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`Ravgen denies that Progenity is entitled to any relief, either as prayed for in its
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`Counterclaims or otherwise. Ravgen further denies each allegation contained in Progenity’s
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`Counterclaims that was not specifically admitted, denied, or otherwise responded to herein.
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`Ravgen respectfully requests that the Court enter judgment in its favor and against Progenity on
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`the Counterclaims, declare this case exceptional under 35 U.S.C. § 285, award Ravgen its
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`attorneys’ fees, costs, and expenses, and grant Ravgen such further relief as the Court deems just
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`and proper.
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`4
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`Case 1:20-cv-01734-RGA-JLH Document 14 Filed 04/13/21 Page 5 of 5 PageID #: 1215
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`DEMAND FOR JURY TRIAL
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`Plaintiff Ravgen hereby demands a trial by jury on all issues so triable.
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`Dated: April 13, 2021
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`Respectfully submitted,
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`FARNAN LLP
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`
`/s/ Michael J. Farnan
`Brian E. Farnan (Bar No. 4089)
`Michael J. Farnan (Bar No. 5165)
`919 N. Market St., 12th Floor
`Wilmington, DE 19801
`Telephone: (302) 777-0300
`Facsimile: (302) 777-0301
`bfarnan@farnanlaw.com
`mfarnan@farnanlaw.com
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`John M. Desmarais (admitted pro hac vice)
`Kerri-Ann Limbeek (admitted pro hac vice)
`Jamie L. Kringstein (admitted pro hac vice)
`Brian D. Matty (admitted pro hac vice)
`Michael Ling (admitted pro hac vice)
`Deborah J. Mariottini (admitted pro hac vice)
`DESMARAIS LLP
`230 Park Avenue
`New York, NY 10169
`Telephone: 212-351-3400
`Facsimile: 212-351-3401
`jdesmarais@desmaraisllp.com
`klimbeek@desmaraisllp.com
`jkringstein@desmaraisllp.com
`bmatty@desmaraisllp.com
`mling@desmaraisllp.com
`dmariottini@desmaraisllp.com
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`Attorneys for Plaintiff Ravgen, Inc.
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`5
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