by Dennis Crouch
In a significant post-trial reversal, the Federal Circuit set aside a Delaware jury’s willful-infringement verdict and directed entry of JMOL of non‑infringement on two Mass General patents now owned by LabCorp. The panel (Judge Lourie, joined by Judges Dyk and Cunningham) held that the district court improperly let the jury decide a disputed claim construction (O2 Micro error) and that the patentee’s doctrine‑of‑equivalents showing failed the function-way-result test under Warner‑Jenkinson and VLSI.
The case centered on U.S. Patents 10,017,810 and 10,450,597, both directed to methods for preparing DNA samples for sequencing through "enrichment" techniques. Rather than sequencing entire genomes, these patents describe methods for producing copies of specific regions of interest - such as sections suspected of containing disease-causing mutations - to make sequencing more efficient and cost-effective. The technology relies on polymerase chain reaction (PCR) to amplify target areas using various types of primers, including "target-specific primers" that anneal to sequences of interest, "adaptor primers" that work with artificial sequences attached to the native DNA fragments, and "sequencing primers" that enable the enriched fragments to be read by sequencing instruments.
After a five-day jury trial, the jury found that Qiagen's accused products willfully infringed both patents and awarded about $5 million in damages. Delaware Federal Judge Noreika subsequently denied Qiagen's renewed motion for judgment as a matter of law (JMOL) on infringement, invalidity, and damages. On appeal, the Federal Circuit has now reversed.
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