`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`
`
`RAVGEN, INC.,
` Plaintiff,
`
`v.
`
`NATERA, INC. AND NSTX, INC.,
` Defendant.
`
`
`
`
`
`
`§
`§
`§
`§
`§
`§
`
`§
`§
`
`
`CLAIM CONSTRUCTION ORDER
`
`1-20-CV-00692-ADA
`1-20-CV-00822-ADA
`
`
`
`
`
`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); and
`
`“formalin” (’277 Patent, Claims 60, 91–93, 132–133). 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
`
`Plain and ordinary meaning
`
`“relative amount of alleles”/ “relative amount
`of the alleles”
`(’277 Patent, Claims 1, 116)
`Proposed for construction by Defendants
`
`Plain and ordinary meaning.
`
`
`
`
`
`Case 1:20-cv-00822-ADA Document 78 Filed 06/02/21 Page 2 of 3
`
`Conditions “[inhibits cell lysis to inhibit the
`lysis of cells/inhibits lysis of cells/impedes
`cell lysis]”
`
`
`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 55)
`Proposed for construction by Defendants
`
`“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
`
`
`Court
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`
` Plain and ordinary meaning
`
`
`Claim Terms for Case No. 1:20-cv-00822
`Claim Term
`
`“determining the sequence of a locus of
`interest”
`
`’277 Patent, Claim 55
`“formalin”
`
`’277 Patent,
`Claims 60, 91–93, 132–133
`
`“said sample comprises an agent that [impedes
`cell lysis/inhibits lysis of cells], if cells are
`present, and wherein said agent is selected
`from the group consisting of membrane
`stabilizer, cross-linker, and cell lysis inhibitor”
`
`’277 Patent, Claims 55, 81;
`’720 Patent, Claim 1
`
`
`
`Case 1:20-cv-00822-ADA Document 78 Filed 06/02/21 Page 3 of 3
`
`Plain and ordinary meaning
`
`“non-cellular fraction”
`
`’720 Patent, Claim 1
`
`
`
`IT IS SO ORDERED.
`
`SIGNED this 2nd day of June, 2021.
`
`
`
`
`
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`
`
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