Extract to table

The resolution of this dispute will likely determine whether GenomeDx can establish literal infringement of the '893 Patent claims or must instead rely on the doctrine of equivalents

" Basis for GenomeDx's Proposed Construction: GenomeDx contends that the claim language "a panel of at least 22 genes selected from a predefined gene set" establishes a minimum threshold: the panel must include at least 22 genes that are drawn from the predefined gene set disclosed in the specification

The claim recites what must be included (at least 22 genes from the predefined set) but does not recite what must be excluded

" Basis for Helios's Proposed Construction: Helios contends that the phrase "selected from a predefined gene set" imposes a selection constraint: the genes in the panel must be drawn from, and limited to, the predefined gene set

Because only 19 ProstaSignal™ genes overlap with the predefined gene set, GenomeDx faces a numerical shortfall under its own construction: it must demonstrate that at least 22 genes from the predefined gene set are measured by ProstaSignal™, but the current record shows only 19 overlapping genes

The claim language refers to "at least 20 gene features" without specifying that the gene features must correspond to particular genes identified in the specification