CareDx (CDNA) announced that the United States District Court for the District of Delaware issued an injunction prohibiting Natera (NTRA) from continuing to falsely advertise and overstate the scientific performance of its Prospera transplant test. The company said, “The injunction follows the July 17, 2023, decision by the District Court to uphold and reaffirm the March 2022 jury verdict finding that Natera violated the Lanham Act by falsely advertising the scientific performance of its Prospera transplant test. At the conclusion of the March 2022 trial, the jury found that Natera intentionally and recklessly misled the transplant community by deliberately engaging in false advertising in the promotion and marketing of its Prospera kidney transplant rejection assessment test. Overwhelming evidence emerged at trial that demonstrated that Natera made false statements to market Prospera that its senior executives knew were based on unscientific, unreliable, and inappropriate conclusions. On July 17, 2023, the District Court upheld the jury’s prior decision that Natera made nine false advertising claims about its Prospera kidney transplant test and false advertising comparisons to CareDx’s AlloSure Kidney to the transplant community. CareDx notes that the Company intends to appeal the District Court’s decision regarding the monetary damages awarded by the jury.”
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