Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
IP News
Federal Circuit: Affirms Preliminary Injunction on Cancer Assays
On July 12, 2024, a Federal Circuit panel of Chief Judge Moore and Judges Taranto and Chen issued a unanimous opinion, authored by Chief Judge Moore, in Natera, Inc. v. NeoGenomics Labs, Inc., Case Nos. 2024-1324; 2024-1409. The panel affirmed the United States District Court for the Middle District of North Carolina's grant of a preliminary injunction barring NeoGenomics from making, using, selling, advertising or distributing its RaDaR assay. Slip Op. at 2.
Natera, Inc. is a "research-focused healthcare compan[y] operating in the oncology testing industry" that "manufacture[s] products used for early detection of cancer relapse." Id. Natera asserted two patents (U.S. Patent No. 11,519,035 (the '035 Patent) and U.S. Patent No. 11,530,454 (the '454 Patent)) related to methods of amplifying and detecting cell-free DNA and circulating tumor DNA against NeoGenomics Laboratories, Inc. (NeoGenomics) Id. at 2-3. While "Natera uses the methods claimed in the '035 and '454 patents in its Signatera product," "NeoGenomics offers a competing product under the brand name RaDaR." Id. at 3. Both Signatera and RaDaR are used to "identify ctDNA within the bloodstream to assess the efficacy of cancer treatment and the risk of cancer recurrence." Id.
"Natera sued NeoGenomics alleging RaDaR infringed the '035 and '454 patents and moved for a preliminary injunction." Id. at 4. The district court "granted the preliminary injunction because it determined Natera satisfied the requirements for injunctive relief, including likelihood of success on the merits of its '035 patent infringement claim." Id. The panel reviewed the district court's grant of a preliminary injunction for abuse of discretion and explained that to "obtain a preliminary injunction, a party must establish likelihood of success on the merits, likelihood it will suffer irreparable harm absent preliminary relief, the balance of equities tips in its favor, and an injunction is in the public interest." Id. at 5-6.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Bonus Content: How Emerging Technologies Are Impacting IP: A Chat With Legalweek Speaker Ryan Phelan
A Q&A with conference speaker Ryan Phelan, a partner at Marshall, Gerstein & Borun and founder and moderator of legal blog PatentNext, to discuss how courts and jurisdictions are handling novel technologies, the copyrightability of AI-assisted art, and more.
Overview of Regulatory Guidance Governing the Use of AI Systems In the Workplace
Businesses have long embraced the use of computer technology in the workplace as a means of improving efficiency and productivity of their operations. In recent years, businesses have incorporated artificial intelligence and other automated and algorithmic technologies into their computer systems. This article provides an overview of the federal regulatory guidance and the state and local rules in place so far and suggests ways in which employers may wish to address these developments with policies and practices to reduce legal risk.
Is Google Search Dead? How AI Is Reshaping Search and SEO
This two-part article dives into the massive shifts AI is bringing to Google Search and SEO and why traditional searches are no longer part of the solution for marketers. It’s not theoretical, it’s happening, and firms that adapt will come out ahead.
While Federal Legislation Flounders, State Privacy Laws for Children and Teens Gain Momentum
For decades, the Children’s Online Privacy Protection Act has been the only law to expressly address privacy for minors’ information other than student data. In the absence of more robust federal requirements, states are stepping in to regulate not only the processing of all minors’ data, but also online platforms used by teens and children.
Revolutionizing Workplace Design: A Perspective from Gray Reed
In an era where the workplace is constantly evolving, law firms face unique challenges and opportunities in facilities management, real estate, and design. Across the industry, firms are reevaluating their office spaces to adapt to hybrid work models, prioritize collaboration, and enhance employee experience. Trends such as flexible seating, technology-driven planning, and the creation of multifunctional spaces are shaping the future of law firm offices.