UPDATE -- CareDx Wins $44.9M in Damages in False Advertising Trial Against Natera; Natera Intentionally Deceived Transplant Community
Overwhelming evidence emerged at trial that demonstrated that Natera made false statements that its senior executives knew were based on unscientific, unreliable, and inappropriate conclusions to market Prospera. The trial underscored the value of AlloSure’s clinical excellence as the only donor-derived cell-free DNA (dd-cfDNA) test that has prospective, multicenter validation published. The jury did not find
Commenting on the verdict,
The jury found Natera liable for false advertising based on Natera’s false comparisons of its kidney transplant assessment test, Prospera, to CareDx’s market-leading AlloSure technology. Specifically, the jury found Natera liable for:
- False advertising under the Lanham Act
- False advertising under the Delaware Deceptive Trade Practices Act
- Intentional and willful engagement in false advertising
- Intentional or reckless engagement in unfair competition
AlloSure is a dd-cfDNA test for noninvasive transplant surveillance, providing a direct measure of organ injury and reducing the need for invasive biopsies. It is an emerging standard of care for kidney transplant patients, used in over 150 U.S. transplant centers and over 30,000 patients.
Chief Marketing Officer
Source: CareDx, Inc.