Geneoscopy files countersuit against Exact Sciences in patent infringement dispute

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Geneoscopy filed a lawsuit on June 28 against Exact Sciences asserting multiple claims for damages in federal court in the District of Delaware, in the latest development in the ongoing patent dispute between the two companies.

The claims listed in the lawsuit include breach of contract, misappropriation of trade secrets, unfair competition, and other violations of state and federal law. Geneoscopy is seeking compensatory and punitive damages and payment of attorneys' fees, among other legal remedies, the firm said in a statement.

Exact Sciences filed a motion, also on June 28, for a preliminary injunction against Geneoscopy, seeking to bar the firm from making or selling its ColoSense colorectal screening test or any related product within the U.S. The motion, filed seven months after Exact Sciences' initial suit, is based on two related patent infringement claims.

In its statement, Geneoscopy said it considers the patent suit and preliminary injunction motion to be baseless and that it intends to defend its position in court.

Geneoscopy also noted that it petitioned the U.S. Patent and Trademark Office in January to institute an inter partes review, challenging the patent at issue in Exact Sciences' lawsuit, U.S. patent No. 11,634,781 (called "the '781 patent" in the document), which is integral to Exact Sciences' Cologuard colorectal screening test, on the basis that nothing in the patent is inventive.

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