Exact Sciences files patent infringement lawsuit against Geneoscopy

Exact Sciences announced that it has filed a lawsuit against Geneoscopy in the United States District Court for the District of Delaware. The lawsuit seeks damages and a court order to stop Geneoscopy from making, using, selling, or offering for sale Geneoscopy’s ColoSense product or otherwise infringing on Exact Sciences’ U.S. Patent No. 11,634,781. Exact Sciences utilizes the patented ‘781 technology in its Cologuard stool DNA-based colorectal cancer screening test. The patent covers clinically important methods for processing collection of fecal samples at home, in a manner that preserves the integrity of biomarkers contained in the sample to allow for subsequent analysis in a clinical laboratory. After receiving a cease-and-desist letter from Exact Sciences regarding its patent infringement, Geneoscopy requested a reexamination of the ‘781 patent by the United States Patent and Trademark Office in May 2023. Upon completion of the reexamination in October 2023, the USPTO rejected Geneoscopy’s challenge, confirming the patentability of all claims of the ‘781 patent for Exact Sciences.