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18 January 2024BiotechnologySarah Speight

Natera stung for $57m in prenatal screening clash

Dispute centres on genetic prenatal screening methodology | Ravgen’s $57 million award “significantly less” than the $410 million sought by Ravgen | Natera plans to appeal.

A Texas jury has found that prenatal screening technology owned by Natera infringes a patent held by Ravgen, awarding damages of $57 million—“significantly less” than the $410 million sought by Ravgen.

In 2020, Ravgen challenged Natera and its subsidiary NSTX over its genetic prenatal test Panorama, which uses non-invasive prenatal testing (NIPT) of blood in pregnant women to screen for common chromosomal conditions that affect a baby’s health.

The verdict—delivered on January 16 in the US District Court for the Western District of Texas—ordered Natera to pay the damages but, but conceded that there was no wilful infringement.

Closing arguments were heard on January 12 after the trial opened on January 8.

Also on January 12, Judge Alan Albright denied Natera’s motion for summary judgment of invalidity.

‘No wilful infringement’

In a statement, Natera highlighted this point, as well as noting that the damages award of $57 million was “significantly less than the $410 million Ravgen was seeking”.

In addition, it pointed out that the patent at issue held by Natera has now expired.

“This decision will have no impact on the company’s ability to continue serving its customers,” said the Austin-based firm.

“Natera respectfully disagrees with the jury’s verdict and plans to file an appeal.”

Natera, covers a broader range of cell-free DNA (cfDNA) testing, specialising in oncology, women’s health and organ health.

Maryland-based Ravgen, meanwhile, focuses solely on non-invasive prenatal genetic screening technology.

Former litigation

Ravgen has formerly sued a clutch of diagnostics companies for patent infringement.

In May 2023, for example, a Texas judge increased damages paid to Ravgen by $100 million in a dispute it brought against Labcorp. This followed a $272 million win for the biotech firm—not quite the triple damages that Ravgen asked for.

It has also settled related lawsuits against Quest Diagnostics and Illumina, while other related lawsuits are pending in Delaware against Biora Therapeutics and Roche’s Ariosa Diagnostics, according to Reuters.

Lead trial counsel for Ravgen was Kerri-Ann Limbeek, partner at Desmarais.

Natera’s counsel was led by Amanda Major, partner at WilmerHale.

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More on this story

Americas
1 August 2023   The lawsuit alleged the unlawful use of cfDNA technology in RaDaR assay and related products | Adds to an existing legal action the company filed against Inivata.
Big Pharma
25 January 2024   Kerri-Ann Limbeek, trial lead for Ravgen, tells Sarah Speight that a compelling narrative was key to winning the case against their larger rival.
Medtech
30 January 2024   Biotech firm CareDx found to have infringed one of two patents-in-suit through sale of AlloSure and AlloSeq | Damages award consists of $83.6m in lost profits and $12.6m in royalties.

More on this story

Americas
1 August 2023   The lawsuit alleged the unlawful use of cfDNA technology in RaDaR assay and related products | Adds to an existing legal action the company filed against Inivata.
Big Pharma
25 January 2024   Kerri-Ann Limbeek, trial lead for Ravgen, tells Sarah Speight that a compelling narrative was key to winning the case against their larger rival.
Medtech
30 January 2024   Biotech firm CareDx found to have infringed one of two patents-in-suit through sale of AlloSure and AlloSeq | Damages award consists of $83.6m in lost profits and $12.6m in royalties.