In the latest development in the patent infringement dispute between the two companies, Geneoscopy has petitioned the U.S. Patent and Trademark Office for inter partes review, challenging the patent in contention held by Exact Sciences.
Geneoscopy’s petition alleges that nothing in the claims of U.S. patent No. 11,634,781 (called "the '781 patent” in the document) is inventive. The '781 patent pertains to the separation of a fecal sample into two portions to allow two standard diagnostic tests: one detecting blood proteins and the other detecting nucleic acids to be performed on the sample. According to the petition, the fecal tests used in detecting blood protein and nucleic acids included in the claims were already routine; therefore, Geneoscopy’s petition argues, Exact Sciences’ patent claims were invalid.
Additionally, Geneoscopy filed a motion in December to dismiss Exact Sciences’ lawsuit claiming infringement of the ‘781 patent.