Natera suing BioReference

Quote












just filed & just SHOT DOWN

U.S. DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Contractual Disputes New York Law Journal
December 16, 2016
District Judge Ronnie Abrams

One of reproductive testing firm Natera's key products in Panorama, an NIPT capable of detecting a baby's risk of developing genetic disorders as early as nine weeks into pregnancy. Under their 2015 agreement Natera licensed clinical diagnostic laboratories Bio-Reference's distribution of Panorama and certain intellectual property to develop its own NIPT test. In 2016 Natera provided Bio-Reference certain confidential information. It believed Bio-Reference planned to provide an NIPT to a single customer. Actually Bio-Reference planned the nationwide launch of ClariTest, an NIPT developed chiefly by Illumina Inc. Suing Bio-Reference for contract breach, misappropriation of trade secrets, and theft of confidential information, Natera sought a temporary restraining order (TRO), which district court denied because Natera did not show irreparable harm. It failed to specifically allege how the ClariTest campaign could damage its goodwill or reputation. Nor did it show how it would be irreparably harmed by the license agreement's contractual limitation on possible recovery of money damages. Further, Natera's claim that the ClariTest campaign will cause it to lose trade secrets was far too speculative to constitute irreparable harm.
 












Top Bottom
Back
Quote