AbCellera says Federal Circuit rejects Bruker Cellular’s invalidity challenge

AbCellera (ABCL) announced that the United States Court of Appeals for the Federal Circuit has by a Rule 36 Order affirmed judgment of validity of its U.S. Patent No. 10,087,408. AbCellera’s ‘408 Patent is directed to microfluidic devices and using such devices to culture and selectively recover cells. Previously Berkeley Lights, now Bruker Cellular Analysis, a subsidiary of Bruker Corporation (BRKR), challenged the claims of the ‘408 Patent alleging invalidity based on anticipation and obviousness over the prior art. The U.S. Patent Trial and Appeal Board rejected all of Bruker’s arguments and now the CAFC has confirmed that all claims of AbCellera’s ‘408 Patent are valid. AbCellera’s ‘408 Patent is part of a multi-patent infringement litigation between AbCellera and Bruker pending in the U.S. District Court for the Northern District of California. “AbCellera welcomes the Federal Circuit’s Rule 36 Order confirming the validity and strength of its microfluidic cell culture system patent claims,” said Tryn Stimart, JD, Chief Legal and Compliance Officer of AbCellera. “AbCellera will continue to defend its intellectual property portfolio, and we look forward to proving this infringement case against Bruker pending before the District Court.”