By Memorandum Opinion entered by the Honorable Leonard P. Stark in Natera, Inc. v. Inivata, Inc. et al., Civil Action No. 21-56-LPS (D.Del. March 14, 2022), the Court denied defendants’ motion to dismiss plaintiff’s first amended complaint asserting claims of patent infringement against defendants arising from defendants’ lung cancer diagnostic test product. In denying defendants’ motion to dismiss, the Court found the complaint, after accepting the allegations in the complaint as true and viewing such allegations in the light most favorable to plaintiff, contained sufficient assertions of infringement of U.S. Patent Nos. 10,262,755 (“the ‘755 patent”) and 10,597,709 (“the ‘709 patent”) to, at least, survive a Rule 12(b)(6) motion to dismiss. Id. at *2-5.
A copy of the Memorandum Opinion is attached.
Note – This is likely one of the last written opinions of Judge Stark as a district judge in the District of Delaware as he transitions to become a Circuit Judge of the United States Court of Appeals for the Federal Circuit. Judge Stark has served the District of Delaware well and will be sorely missed. The Court of Appeals for the Federal Circuit is gaining an excellent jurist!