I misremembered it wasn't a judge it was the Unite

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On March 30, 2020, CytoDyn filed a provisional patent application with the U.S. Patent and Trademark Office (“USPTO”), on the basis of CytoDyn’s studies involving the clinical treatment of subjects infected with SARS-CoV-2 with CytoDyn’s leronlimab and analysis of patient samples for known biomarkers. CytoDyn made an additional six related provisional applications between April 7, 2020 and May 1, 2020 to include disclosure of continuing study results.
On April 27, 2020, unbeknownst to CytoDyn, IncellDx filed substantially similar data drawn from CytoDyn’s clinical studies in support of its own application and claiming methods of treatment using CytoDyn’s leronlimab. The Company believes this data belonged to CytoDyn pursuant to the terms of its consulting agreement with Dr. Patterson. After learning of IncellDx’s application, CytoDyn filed a successful third-party submission pertaining to IncellDx’s non-provisional patent application. It pointed to evidence that IncellDx’s patent claims were not “novel,” nor were they“non-obvious” according to publicly available references that IncellDx had failed to submit to the USPTO—and that had not yet been considered by the USPTO. The
USPTO rejected IncellDx’s application as unpatentable because it was not only anticipated by CytoDyn’s earlier-filed patent application, but was also already subject to the claims of CytoDyn’s U.S. Patent No. 11,045,546, which was granted to CytoDyn on June 29, 2021.
https://www.cytodyn.com/investors/sec-filings...298361.pdf

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