Executive Summary
Guardant Health sought provisional measures against Sophia Genetics regarding the alleged infringement of four liquid biopsy patents by their MSK-DDM test. The UPC Court rejected the application for provisional measures, citing insufficient demonstration of infringement and procedural issues such as unreasonable delay and improper use of 'added matter.' Crucially, the court also issued an interim costs award, ordering Guardant Health to pay Sophia Genetics 400,000 euros.
What the Court Held — Ratio Decidendi
The Court emphasized that the burden of proof for alleged infringement lies with the applicant, requiring more than just disputed press release information. Furthermore, the court addressed procedural issues regarding unreasonable delay in preparing the application and the strict requirements for 'added matter' in patent claims.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in patent matters before Paris (FR) Local Division. Understanding the court's reasoning in Guardant Health, Inc. vs Sophia Genetics SA is valuable context for structuring arguments or assessing risk in similar proceedings.
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