Home > Judicial Development > Patent

Guardant sues Tempus AI over DNA-testing patents

Post Time:2024-06-13 Source:Reuters Author:Blake Brittain Views:

June 12 (Reuters) - Guardant Health (GH.O) has sued Tempus AI, an artificial-intelligence-based genetic testing company backed by Japanese investment firm SoftBank (9984.T), for allegedly infringing five patents related to DNA-based cancer testing, according to a lawsuit made public on Wednesday in Delaware federal court.

Precision oncology company Guardant said in the lawsuit that Tempus' "liquid biopsy" cancer tests violate Guardant's patent rights in similar technology.

The lawsuit adds to a web of DNA-sequencing patent lawsuits among genomics companies that have led to several multi-million dollar verdicts.

Spokespeople for Tempus did not immediately respond to a request for comment on the complaint. A spokesperson for Guardant declined to comment.

Guardant's tests use DNA fragments circulating in a patient's bloodstream to detect cancer cells in the body. Its lawsuit said that Tempus' xF, xF+ and xM Monitor liquid-biopsy panels utilize the same technology as Guardant's tests and infringe its patents.

Chicago-based Tempus said last week that it was targeting a valuation of up to $6.1 billion for its planned U.S. initial public offering.

Guardant said in its lawsuit that Tempus' success comes from its "unauthorized use of Guardant's pioneering inventions." According to the complaint, Tempus said in a regulatory filing that it was monitoring patent cases filed by competitors, including Guardant, and knows that it "may need to either modify [its] existing or future sequencing methods" based on them.

Guardant asked the court for an unspecified amount of monetary damages and a court order blocking Tempus from infringing the patents.

The case is Guardant Health Inc v. Tempus AI Inc, U.S. District Court for the District of Delaware, No. 1:24-cv-00687.