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Intelligent Bio-Sys, Inc. v. Illumina Cambridge Ltd.

Illumina Cambridge Ltd. (“Illumina”) owns U.S. Patent No. 7,566,537 (“the ’537 patent”), which is directed to a method of labeling nucleotides in a deoxyribonucleic acid (“DNA”) strand. Intelligent Bio-Systems, Inc. (“IBS”) filed a revised petition to the Patent Trial and Appeal Board (“Board”) requesting inter partes review of claims 1–6 and 8 of the ’537 patent on August 30, 2013. The Board instituted review of the challenged claims on the basis that they were invalid as obvious under 35 U.S.C. § 103 in view of certain prior art references. In its Final Written Decision, issued February 11, 2015, the Board found that IBS failed to satisfy its burden of demonstrating the obviousness of the challenged claims by a preponderance of the evidence. IBS appeals. Because we find that the Board’s judgment was supported by substantial evidence, we affirm.

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