Preliminary Injunction Denied in Light of Pending IPR of Similar Patent Claims​

The court denied plaintiff's motion for a preliminary injunction prohibiting the sale of the accused DNA sampling products because plaintiff failed to establish a likelihood of success on the merits due to pending inter partes review proceedings involving a related patent. "Plaintiff has not rebutted Defendants’ argument that pending IPR proceedings on claims in a related patent similar to those asserted in this case raise a substantial question about the validity of certain of the asserted claims in this case. While the asserted claims of the [patent-in-suit] may not be identical in every respect to those currently under review before the PTAB, the Court finds that the claims are sufficiently similar to those in the related [patent] currently under IPR to raise serious questions about the validity of the asserted claims in this case."

DNA Genotek Inc. v. Spectrum Solutions LLC et al, 3-16-cv-01544 (CASD October 6, 2016, Order) (Sammartino, USDJ)