June 12 (Reuters) - Guardant Health ( GH ) has sued
Tempus AI, an artificial-intelligence-based genetic testing
company backed by Japanese investment firm SoftBank,
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
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 ( GH ) v. Tempus AI Inc, U.S.
District Court for the District of Delaware, No. 1:24-cv-00687.
For Guardant: Jordan Jaffe, Wendy Devine, Michael Rosato and
Eric Tuttle of Wilson Sonsini Goodrich & Rosati
For Tempus: attorney information not yet available
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