The article details a legal action taken by Exact Sciences Corp. against Geneoscopy, Inc. Here’s a summary of the key points:
Lawsuit Details: Exact Sciences Corp., a leading provider of cancer screening and diagnostic tests, has filed a lawsuit against Geneoscopy, Inc. in the United States District Court for the District of Delaware. The lawsuit seeks damages and a court order to prevent Geneoscopy from using, selling, or offering for sale its ColoSense product, which Exact Sciences claims infringes on its U.S. Patent No. 11,634,781.
Patent Infringement Claim: The patent in question, ‘781, is utilized by Exact Sciences in its Cologuard® stool DNA-based colorectal cancer screening test. This patent covers methods for processing the collection of fecal samples at home in a way that preserves the integrity of biomarkers for subsequent analysis in a clinical laboratory.
Geneoscopy’s Challenge and USPTO’s Decision: After receiving a cease-and-desist letter from Exact Sciences, Geneoscopy requested a reexamination of the ‘781 patent by the United States Patent and Trademark Office (USPTO) in May 2023. The USPTO completed this reexamination in October 2023 and rejected Geneoscopy’s challenge, confirming the patentability of all claims of the ‘781 patent for Exact Sciences.
Exact Sciences’ Commitment to Innovation: Kevin Conroy, chairman and CEO of Exact Sciences, emphasized the company’s dedication to innovation and its significant investment in developing Cologuard. He stated that Exact Sciences would vigorously defend its patents.
About Cologuard: Cologuard is a colorectal cancer screening test for adults aged 45 and older, designed to detect certain DNA markers and blood in the stool. It is included in various colorectal cancer screening guidelines and has been used more than 13 million times.
This lawsuit underscores the importance of intellectual property in the medical and biotechnology industries, especially in the area of innovative diagnostic methods. The outcome of this legal battle could have significant implications for both companies and the broader field of cancer diagnostics.