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A&O Shearman represents Guardant Health Inc. with Keller Anderle & Scolnick in historic false advertising trial win against Natera Inc.

A&O Shearman along with Keller Anderle & Scolnick represented Guardant Health in winning a landmark Lanham Act trial verdict against Natera, Inc. for false advertising and unfair competition stemming from false statements Natera made about the performance of Guardant Health’s blood-only oncology test, Guardant Reveal™.

On November 25, 2024, following a three-week jury trial, a jury in the U.S. District Court for the Northern District of California unanimously awarded USD292.5 million to Guardant Health, including USD175.5m in punitive damages, representing one of the largest Lanham Act false advertising damages awards ever issued. The jury also unanimously rejected all of Natera’s counterclaims. Guardant announced the decision in a press release.

Guardant is a leading precision oncology company that develops and markets liquid biopsy assays, including Guardant Reveal, the first commercially available plasma-only assay for the detection of minimal residual disease in post-operative colorectal cancer patients.

The A&O Shearman trial team representing Guardant was led by IP Litigation partner Saul Perloff and Litigations and Investigations partner Christopher LaVigne, and was assisted by IP Litigation attorneys Andre Hanson and Kathy Grant, IP litigation associates Trey Hebert and Megan Inesand Litigation associate Sheyla Soriano