Personalis (PSNL) Files Second Patent Infringement Suit Against Foresight Diagnostics

Personalis, Inc. (Nasdaq: PSNL) today announced that the company has filed a second patent infringement suit against Foresight Diagnostics Inc. Personalis is seeking injunctive relief and monetary damages. This suit brings the total number of patents that Personalis alleges Foresight Diagnostics has infringed to seven.

The additional suit, filed in the U.S. District Court for the District of Colorado, alleges that Foresight improperly based its solid tumor minimal residual disease (MRD) approach on technology already patented by Personalis. The technology is protected by three patents that were issued recently to Personalis. These new patents have 2014 and 2016 effective filing dates based on claims of priority. They cover aspects of Personalis’ personalized genetic testing process, including whole genome sequencing of a cancer patient’s tumor sample. This sequencing is the basis for designing personalized tests that detect tumor-specific genetic variants in subsequent samples from the patient.

“This action and the additions to our growing patent estate reinforce our market leadership position in the MRD space as we continue to generate clinical evidence for our award-winning, ultra-sensitive NeXT Personal® assay,” added Chris Hall, President and CEO of Personalis. “We will continue to vigorously defend the investment we’re making in transforming the active management of cancer through breakthrough personalized testing.”

Personalis’ initial infringement suit against Foresight was filed in August 2022. It accuses Foresight of infringing four Personalis patents related to its solid tumor recurrence test. That suit has been stayed by the District Court pending the outcome of inter partes review proceedings (IPRs) before the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (USPTO). The PTAB instituted IPRs of two of Personalis’ patents on June 13, 2023, and is expected to decide whether to institute IPRs of the other two patents later this year.

“The granting of these and other recent patents is the latest recognition of Personalis as an innovator and pioneer in our field,” said Stephen Moore, Personalis’ General Counsel. “These new patents are strengthened by the USPTO’s issuance of them in spite of prior art that forms the basis of Foresight’s existing IPR petitions. We will continue to aggressively protect our industry-leading patent portfolio and the value it provides to our investors, customers and patients.”

Personalis now has 39 issued patents. The patents at issue in Personalis’ second, most recent suit against Foresight Diagnostics are U.S. Patent Nos. 11,584,968, 11,643,685 and 11,649,507. The patents at issue in Personalis’ initial suit against Foresight last August are U.S. Patent Nos. 10,450,611, 11,299,783, 11,384,394 and 11,408,033.

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