Judge Román stays case because of IPRs based on parties’ joint request.

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CDx Diagnostics, Inc. et al. v. U.S. Endoscopy Group, Inc. et al.

October 8, 2014

Case Number: 7:13-cv-05669-NSR

Judge Román stayed the litigation after the PTAB instituted IPR Case Nos. IPR2014-00639 and IPR2014-00641  for patent-in-suit, U.S. Patent No. 6,676,609 and 7,004,913, each entitled “Retractable brush for use with endoscope for brush biopsy.”  At the time of the motion, the third patent-in-suit, U.S. Patent No. 6,258,044 (“Apparatus and method for obtaining transepithelial specimen of a body surface using a non-lacerating technique”) was subject to a petition for IPR. That petition, No. IPR2014-00642, has since been granted.

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