• PTAB rejects request by Berkeley Lights to reconsider its decision denying Berkeley's argument that AbCellera’s U.S. patent is invalid

VANCOUVER, British Columbia / Jul 24, 2023 / Business Wire / AbCellera (Nasdaq: ABCL) announced that the United States Patent and Trademark Office’s (USPTO) Patent Trial and Appeal Board (PTAB) has denied a rehearing request in an Inter Partes Review (IPR) filed by Berkeley Lights, Inc. (Berkeley Lights) that challenged AbCellera’s U.S. Patent No. 10,087,408 (the ‘408 Patent). AbCellera’s ‘408 Patent is directed to microfluidic devices and using such devices to culture cells, monitor a response, and recover selected cells, an important part of AbCellera’s end-to-end monoclonal antibody development engine.

The IPR proceeding stems from AbCellera and the University of British Columbia (UBC) suing Berkeley Lights for patent infringement, which is currently pending in the United States District Court for the Northern District of California. In response to AbCellera’s infringement claims, Berkeley Lights filed three separate petitions with the PTAB seeking to invalidate multiple patents. The PTAB previously rejected two of Berkeley Lights’ petitions, disagreeing that certain challenged claims were invalid. Berkeley Lights challenged the claims of the ‘408 Patent alleging invalidity based on anticipation and obviousness over the prior art. In a written unanimous decision, the PTAB rejected all of Berkeley Lights’ arguments and confirmed that all claims of AbCellera’s ‘408 Patent are valid. Thereafter, Berkeley Lights sought rehearing and the PTAB again rejected Berkeley Lights’ claims.

“The PTAB’s decision denying Berkeley Lights’ rehearing request fortifies the strength of our microfluidic cell-culture-system patent claims,” said Tryn Stimart, J.D., Chief Legal and Compliance Officer of AbCellera. “AbCellera is committed to protecting its intellectual property portfolio. We look forward to the District Court resuming our patent infringement cases against Berkeley Lights.”

About AbCellera Biologics Inc.

AbCellera is breaking the barriers of conventional antibody drug discovery to bring better medicines to patients, sooner. AbCellera’s engine integrates expert teams, technology, and facilities with the data science and automation needed to propel antibody-based medicines from target to clinic in nearly every therapeutic area with precision and speed. AbCellera provides innovative biotechs and leading pharmaceutical companies with a competitive advantage that empowers them to move quickly, reduce cost, and tackle the toughest problems in drug development. For more information, please visit www.abcellera.com.

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