On July 12, the U.S. Court of Appeals for the Federal Circuit issued a precedential opinion in Natera, Inc. v. NeoGenomics Laboratories, Inc. affirming a grant of preliminary injunction that prevents NeoGenomics from making or selling its RaDaR oncology testing assay. The Federal Circuit’s opinion, authored by Chief Judge Kimberly Moore, found no legal error in the district court conducting an infringement analysis without claim construction, and no clear error in finding that NeoGenomics failed to raise a substantial question of patent validity.
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