NEW YORK – A jury in the US District Court for the District of Delaware on Monday awarded Natera $19.4 million in damages for royalties and lost profits in a patent lawsuit against Invitae and ArcherDx.
Specifically, the jury found that Invitae and ArcherDx products infringed upon Natera's US Patents Nos. 10,557,172; 10,597,708; and 10,731,220; all related to minimal residual disease.
Natera had originally asked for $38 million in damages. The company filed its suit against ArcherDx in early 2020, alleging infringement of its US Patent No. 10,538,814. In April of that year, it expanded the suit to include the '172 and '708 patents, as well as a fourth patent, US Patent No. 10,590,482. Later that year in August, Natera filed a separate suit against ArcherDx for infringement of the '220 patent that was later consolidated with the original suit.
While the jury determined that Invitae and ArcherDx, which Invitae acquired in October 2020, directly infringed on Natera's patents, it found that they did not indirectly infringe, implying that the defendants in this case were not held responsible for infringement committed by customers.
A judge will now decide at an upcoming hearing whether to grant an injunction against Invitae and ArcherDx, or whether to award ongoing royalties.
"We are pleased with the jury’s verdict in this case, which underscores our commitment to innovative technology backed by scientific evidence that advances patient care," Natera said in a statement. "The Natera patents asserted against ArcherDx/Invitae in this case are a fraction of an extensive global IP portfolio of more than 360 issued or pending patents, with more than 180 in the field of oncology/MRD. We remain focused on serving the oncology community, including our many physicians and patients."
Shortly following the verdict, Invitae announced its intent to appeal.
"We continue to have strong confidence in our product portfolio and our freedom to operate based on the unique and distinguished nature of our technology, and expect to demonstrate that in ongoing proceedings," CEO Ken Knight said in a statment.
Invitae filed a separate patent lawsuit over two patents covering sequence assembly parts against Natera in 2021. Litigation in that case is ongoing.