Press Release October 04, 2021

Delaware Court Rules in Favor of Eurofins Viracor in Patent Infringement Case

Goodwin’s Intellectual Property Litigation team secured a defense summary judgment victory for Eurofins Viracor in a challenge to the company’s critically important diagnostic tools to manage organ rejection risk. The United States District Court for the District of Delaware ruled that the patent asserted in CareDx’s patent infringement case against Eurofins Viracor is invalid.

The technology of CareDx’s asserted patent relates to diagnostic test methods to evaluate whether a transplanted organ is being rejected based on an evaluation of the donor cell-free DNA in the transplant recipient’s blood. The district court‘s consideration of the entire record included an in-person evidentiary hearing at which testimony, including cross-examination, was received from both sides’ experts. After concluding that the plaintiff raised no genuine issue of material fact, the court held that the patent is invalid because it is directed to patent-ineligible subject matter under Section 101, a victory for Eurofins Viracor.

Eurofins Viracor has over 30 years of diagnostic innovation and specialized expertise in infectious disease, pre- and post-transplant, allergy, and immunology testing for immunocompromised and critical patients — plus a menu of over 3000 assays. The company is a subsidiary of Eurofins Scientific (EUFI.PA), a global leader in bio-analytical testing, and one of the world leaders in genomic services.

The Goodwin team was led by Darryl Woo, Tony Downs, Kevin DeJong, Alison Siedor, Beth Ashbridge, and Jane Cullis.

“We are pleased that the court took exemplary care in reaching its conclusion of invalidity, even holding an evidentiary hearing to assure itself that there is no genuine issue of material fact that would preclude entry of summary judgment — the established standard,” said Woo.

For more details, read the press release and court opinion.