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Exact Sciences May Proceed With Patent Suit Against Geneoscopy, Court Rules

NEW YORK – The US District Court for the District of Delaware has denied Geneoscopy's motion to dismiss a patent infringement lawsuit filed against it by Exact Sciences.

Madison, Wisconsin-based Exact Sciences filed a suit against Geneoscopy last year, alleging that Geneoscopy's ColoSense colorectal cancer assay infringed on Exact Sciences' US Patent No. 11,634,781, which is central to Exact's Cologuard assay.

Geneoscopy motioned to dismiss the case in December and in January also petitioned the US Patent and Trademark Office for inter partes review challenging the patentability of the '781 patent.

Exact Sciences filed a second lawsuit against Geneoscopy earlier this month, asserting a second patent, No. 11,970,746, which also relates to sample collection technologies central to the Cologuard assay.

"Exact Sciences applauds the court's decision to permit our infringement and false advertising claims to proceed," Kevin Conroy, chairman and CEO of Exact Sciences, said in a statement. "We will continue to vigorously protect and defend our extensive portfolio of patents from unlawful infringement, and we look forward to proceeding with our case against Geneoscopy."