SAN FRANCISCO – A Redwood City corporation is seeking to enjoin a Massachusetts from continuing to make what it alleges are false and misleading statements about its medical product.
Guardant Health Inc. filed a complaint on June 22 in the U.S. District Court for the Northern District of California against Foundation Medicine Inc. alleging false advertising.
According to the complaint, the plaintiff is the manufacturer of Guardant360, a liquid biopsy cancer assay. The plaintiff holds Foundation Medicine Inc. responsible because the defendant allegedly falsely advertises that the plaintiff's product is inaccuragte with a high rate of false negatives and positives.
The plaintiff requests a trial by jury and seeks enjoin the defendant, pay damages to the plaintiff, consequential damages, punitive damages, profits, all legal fees, interest, and any other relief as this court deems just. It is represented by Jeffrey Margulies of Norton Rose Fulbright US LLP in San Francisco and by Saul Perloff of the same firm in San Antonio, Texas.
U.S. District Court for the Northern District of California case number 3:17-cv-03590-JSC