This article has been updated to further clarify which trials are exempt from the injunction.
NEW YORK – The US District Court for the District of Delaware on Friday ordered that ArcherDx and Invitae permanently stop using products containing material patented by Natera, with certain exceptions.
The court ruled that ArcherDx and Invitae had failed to prove that the patents involved in legacy Personalized Cancer Monitoring (PCM) products were invalid for the purpose of prosecution and issued a permanent injunction against their use.
Exceptions were carved out for ongoing clinical trials using the legacy PCM assay, updating old studies that are currently undergoing peer review, and for limited quality control uses.
The court enjoined the use of legacy PCM products in research studies and all other nonexempted activities, stating that such use would cause Natera "irreparable injury."
The court document noted that while Invitae indicated that it has designed a non-infringing PCM assay, "a promise to transition to a non-infringing alternative does not necessarily justify denying an injunction."
The ruling is the latest in an ongoing patent litigation process between the parties. In May, a jury in the same district court awarded Natera $19.4 million in damages for royalties and lost profits.