`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`RAVGEN, INC.
`
`Plaintiff,
`
`v.
`
`NATERA, INC. and NSTX, INC.,
`
`Defendants.
`
`Civil Action No.: 1:20-cv-00692-ADA
`
`JURY TRIAL DEMANDED
`
`AMENDED CLAIM CONSTRUCTION ORDER
`
`The Court provided its preliminary constructions on February 8, 2021. The Court held a
`
`claim construction hearing on February 9, 2021, during which the Court heard argument on the
`
`claim terms: “agent that [inhibits cell lysis to inhibit the lysis of cells/inhibits lysis of cells/impedes
`
`cell lysis] . . .wherein said agent is selected from the group consisting of membrane stabilizer,
`
`crosslinker, and cell lysis inhibitor” (’277 Patent, Claims 8, 55, 81; ’720 Patent, Claim 1);
`
`“determining the sequence of a locus of interest” (’277 Patent, Claim 55); “formalin” (’277 Patent,
`
`Claims 60, 91–93, 132–133); and “non-cellular fraction” (’720 Patent, Claim 1). ECF No. 64.
`
`After careful consideration of the parties’ briefs, oral argument, and the applicable law, the
`
`Court enters its final constructions for each term as shown below.
`
`Claim Terms for Case No. 1:20-cv-00692
`
`Claim Term
`
`Court
`
`“a the sample”
`(’277 Patent, Claim 81)
`Proposed for construction by Plaintiff
`
`“the sample”
`
`1
`
`
`
`Case 1:20-cv-00692-ADA Document 95 Filed 09/13/21 Page 2 of 2
`
`“relative amount of alleles”/ “relative amount
`of the alleles”
`(’277 Patent, Claims 1, 116)
`Proposed for construction by Defendants
`
`Plain and ordinary meaning.
`
`Plain and ordinary meaning
`“agent that [inhibits cell lysis to inhibit the lysis
`
`of cells/inhibits lysis of cells/impedes cell lysis]
`
`. . .wherein said agent is selected from the group
`consisting of membrane stabilizer, crosslinker,
`and cell lysis inhibitor”
`(’277 Patent, Claims 8, 55, 81; ’720 Patent,
`Claim 1)
`Proposed for construction by Defendants
`
`“if cells are present”
`(’277 Patent, Claim 8, 55, 81; ’720 Patent,
`Claim 1)
`Proposed for construction by Defendants
`
`Conditions “[inhibits cell
`lysis to inhibit the lysis of
`cells/inhibits lysis of
`cells/impedes cell lysis]”
`
`Plain and ordinary meaning
`
`“free fetal DNA isolated”
`(’277 Patent, Claim 55)
`
`“isolating free fetal nucleic
`acid” (’277 Patent, Claim 81)
`
`“isolating free nucleic acid”
`(’720 Patent Claim 1)
`Proposed for construction by Defendants
`
`ORDERED this 13th day of September, 2021.
`
`2
`
`
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