Exact Sciences allowed by court to proceed with lawsuit against Geneoscopy

Exact Sciences announced that a District Court judge denied in part Geneoscopy’s motion to dismiss a patent infringement lawsuit filed by Exact Sciences in the U.S. District Court for the District of Delaware. This ruling paves the way for Exact Sciences to seek relief for Geneoscopy’s future infringement and false advertising. Exact Sciences filed the lawsuit in November 2023 to prevent Geneoscopy from infringing upon Exact Sciences’ intellectual property central to its Cologuard colorectal cancer screening test and to put an end to Geneoscopy’s advertising and promotion about the alleged clinical performance and superiority of ColoSense. Rather than answer for its misconduct, Geneoscopy filed a motion to dismiss the case. On May 15, 2024, Exact Sciences filed a second complaint against Geneoscopy to defend its intellectual property against infringement in Delaware. The case asserts a new patent, the ‘746 patent, that was issued to Exact Sciences on April 30, 2024. Exact Sciences expects its new case to proceed on a similar schedule as the existing case, given the overlapping issues.