In 2022, Natera filed a patent infringement lawsuit against CareDx, accusing the latter of infringing on two patents covering Natera’s Panorama non-invasive prenatal testing (NIPT) assay technology. Image Credit: Aerial Mike / Shutterstock.

The US District Court for the District of Delaware has denied CareDx’s motion for summary judgment on two Natera patents in the infringement lawsuit filed by Natera against CareDx.

Last year, Natera filed a patent infringement lawsuit against CareDx, accusing the latter of infringing on two patents covering Natera’s Panorama non-invasive prenatal testing (NIPT) assay technology. The patents under the lawsuit cover DNA amplification technology. The trial is expected to start on 22 January 2024.

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The companies have filed multiple lawsuits against each other in the last few years. In September 2021, CareDx filed a patent infringement lawsuit against Natera. The US District Court for the District of Delaware ruled in favour of Natera, stating that the three patients were invalid for claiming patent-ineligible subject matter. The three patents were licensed by CareDx from Stanford University.

CareDx appealed the District Court’s decision, but the US Court of Appeals for the Federal Circuit denied the appeal. Following this, CareDx escalated the case to the Supreme Court. In October, the Supreme Court decided not to review the Federal Circuit’s decision.

Apart from the patent infringement, CareDx also filed a lawsuit against Natera, accusing the latter of falsely advertising the scientific performance of Natera’s Prospera transplant test. The lawsuit alleged that Natera made false advertising claims about its Prospera kidney transplant test and false advertising comparisons to CareDx’s AlloSure Kidney.

In March 2022, the jury awarded CareDx approximately $45m in damages. However, the ruling was later amended. In July, the US District Court for the District of Delaware ruled that CareDx was not entitled to any damages. In August, CareDx successfully scored an injunction against Natera, prohibiting the latter from falsely advertising and overstating the scientific performance of the Prospera transplant test.

Multiple patent infringement lawsuits have been filed in recent years. In October, Apple had to halt the import of its products after Masimo alleged that Apple product’s pulse oximetry function had infringed on its US patents for light-based technology to measure blood oxygen saturation.

Last month, DexCom won a patent infringement lawsuit against Abbott for their continuous glucose monitor (CGM) devices and Swift Medical was stripped of its patent for a wound imaging device after it was challenged by Moleculight.