Guardant Health, Inc. v. Natera, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 GUARDANT HEALTH, INC., Case No. 21-cv-04062-EMC

Plaintiff,

PUBLIC/REDACTED VERSION

v.

ORDER GRANTING IN PART AND

DENYING IN PART PLAINTIFF’S

NATERA, INC., MOTION TO DISMISS OR STRIKE

AMENDED COUNTERCLAIMS

Defendant. Docket No. 95

13 Plaintiff Guardant Health Inc. (“Guardant”) filed this action against Defendant Natera, Inc. (“Natera”) alleging that Natera launched a “campaign of false and misleading advertising directed at” its new product—“Reveal”—a liquid biopsy cancer assay for early-stage colorectal cancer. See Docket No. 1 (“Compl.”) ¶ 1. Natera then filed amended counterclaims (“Amended Counterclaims”) against Guardant, alleging that Guardant has engaged in a “campaign of false and misleading commercial statements regarding the performance of [Reveal].” See Docket No. 90 (“Am. Countercl.”) ¶ 3. Pending before the Court is Guardant’s motion to dismiss or strike Natera’s Amended Counterclaims. See Docket No. 95…