Personalis Files Second Patent Infringement Suit Against Foresight Diagnostics
June 26 2023 - 05:00PM
Business Wire
Infringed patents part of industry-leading
intellectual property position in whole genome, tumor-informed
minimal residual disease testing
Personalis, Inc. (Nasdaq: PSNL) today announced that the company
has filed a second patent infringement suit against Foresight
Diagnostics Inc. Personalis is seeking injunctive relief and
monetary damages. This suit brings the total number of patents that
Personalis alleges Foresight Diagnostics has infringed to
seven.
The additional suit, filed in the U.S. District Court for the
District of Colorado, alleges that Foresight improperly based its
solid tumor minimal residual disease (MRD) approach on technology
already patented by Personalis. The technology is protected by
three patents that were issued recently to Personalis. These new
patents have 2014 and 2016 effective filing dates based on claims
of priority. They cover aspects of Personalis’ personalized genetic
testing process, including whole genome sequencing of a cancer
patient’s tumor sample. This sequencing is the basis for designing
personalized tests that detect tumor-specific genetic variants in
subsequent samples from the patient.
“This action and the additions to our growing patent estate
reinforce our market leadership position in the MRD space as we
continue to generate clinical evidence for our award-winning,
ultra-sensitive NeXT Personal® assay,” added Chris Hall, President
and CEO of Personalis. “We will continue to vigorously defend the
investment we’re making in transforming the active management of
cancer through breakthrough personalized testing.”
Personalis’ initial infringement suit against Foresight was
filed in August 2022. It accuses Foresight of infringing four
Personalis patents related to its solid tumor recurrence test. That
suit has been stayed by the District Court pending the outcome of
inter partes review proceedings (IPRs) before the Patent Trial and
Appeal Board (PTAB) of the U.S. Patent and Trademark Office
(USPTO). The PTAB instituted IPRs of two of Personalis’ patents on
June 13, 2023, and is expected to decide whether to institute IPRs
of the other two patents later this year.
“The granting of these and other recent patents is the latest
recognition of Personalis as an innovator and pioneer in our
field,” said Stephen Moore, Personalis’ General Counsel. “These new
patents are strengthened by the USPTO’s issuance of them in spite
of prior art that forms the basis of Foresight’s existing IPR
petitions. We will continue to aggressively protect our
industry-leading patent portfolio and the value it provides to our
investors, customers and patients.”
Personalis now has 39 issued patents. The patents at issue in
Personalis’ second, most recent suit against Foresight Diagnostics
are U.S. Patent Nos. 11,584,968, 11,643,685 and 11,649,507. The
patents at issue in Personalis’ initial suit against Foresight last
August are U.S. Patent Nos. 10,450,611, 11,299,783, 11,384,394 and
11,408,033.
About Personalis
At Personalis, we are transforming the active management of
cancer through breakthrough personalized testing. We aim to drive a
new paradigm for cancer management, guiding care from biopsy
through the life of the patient. Our highly sensitive assays
combine tumor-and-normal profiling with proprietary algorithms to
deliver advanced insights even as cancer evolves over time. Our
products are designed to detect minimal residual disease (MRD) and
recurrence at the earliest timepoints, enable selection of targeted
therapies based on ultra-comprehensive genomic profiling, and
enhance biomarker strategy for drug development. Personalis is
based in Fremont, California. To learn more, visit
www.personalis.com and connect with us on LinkedIn and Twitter.
Personalis Forward-Looking Statements
All statements in this press release that are not historical are
“forward-looking statements” within the meaning of U.S. securities
laws, including statements relating to attributes or advantages of
NeXT Personal or other Personalis assays or products, Personalis’
business opportunities, leadership, plans, or expectations, legal
proceedings to enforce patents, the presumed validity or
enforceability of the company’s patents or other intellectual
property rights, the potential issuance of additional patents from
the company’s pending or future patent applications, or other
future events. Such forward-looking statements involve risks and
uncertainties that could cause actual results to differ materially
from any anticipated results or expectations expressed or implied
by such statements. Factors that could materially affect actual
results can be found in Personalis’ filings with the U.S.
Securities and Exchange Commission, including Personalis’ most
recent reports on Forms 8-K, 10-K and 10-Q, and include those
listed under the caption “Risk Factors.” Personalis disclaims any
obligation to update such forward-looking statements.
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Investors: Caroline Corner investors@personalis.com
415-202-5678
Media: pr@personalis.com
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