Guardant Health, Inc. v.Sophia Genetics SA, Sophia Genetics SAS, Sophia Genetics SRL, Sophia Genetics GmbH
Paris (FR) Local Division · UPC-000117
Guardant Health, Inc. sought provisional measures against the Sophia Genetics group before the Paris Local Division, alleging infringement of four European patents (EP 3470533, EP 3591073, EP 3443066, EP 3766986) relating to liquid biopsy technology for cancer diagnosis. The Court addressed three key issues: whether the Applicant had delayed unreasonably in filing the application, whether the divisional patent contained added matter, and whether the Applicant had demonstrated infringement with sufficient certainty. The Court found that a three-month delay was reasonable given the complexity of the case, that the divisional patent contained added matter because the claimed invention could not be directly and unambiguously derived from the original PCT application, and that the Applicant failed to meet its burden of proof for infringement by relying solely on a press release.