ABS Global, Inc. v. Cytonome/ST, LLC, No. 22-1761 (Fed. Cir. 2023)
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Cytonome/ST’s 439 patent, titled “Hydrodynamic Focusing Apparatus and Methods,” describes and claims a microfluidic device for use in processing particles of interest contained in a sample fluid. ABS petitioned the Patent and Trademark Office (PTO) for an inter partes review, 35 U.S.C. 311–19, of the patentability of five claims of the patent. The PTO’s Patent Trial and Appeal Board determined that ABS had not shown any of the challenged claims to be unpatentable.
The Federal Circuit reversed in part and vacated in part. The Board erred in its claim construction of a limitation common to all challenged claims: “a fluid focusing region configured to focus the sample stream.” The “sample stream” is not limited to a singular-only sample stream. Under the correct claim construction, at least two claims are invalid as anticipated.
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