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Foundation Medicine, Guardant Health Settle Patent Infringement Suit

NEW YORK (GenomeWeb) – Foundation Medicine and Guardant Health said today that they have settled their patent infringement lawsuit.

Financial terms and other details of the settlement were not disclosed.

Foundation Medicine had filed the suit two years ago in the US District Court for the Eastern District of Texas, Marshall Division. In its complaint, the company claimed that Guardant's cell-free tumor DNA liquid biopsy test, Guardant360, infringes its US Patent No. 9,340,830, "Optimization of Multigene Analysis of Tumor Samples."

Last year, Guardant Health filed a response and counterclaim, denying that it infringes Foundation's '830 patent and claiming that the patent is invalid. Guardant also filed several petitions for an inter partes review of the patent with the US Patent and Trademark Office. Later in 2017, the suit was transferred to the District Court for the District of Delaware.

Under the terms of the settlement, the lawsuit, counterclaims, and challenges to the patent in inter partes review have been dismissed, according to the firms.