Exact Sciences (EXAS) Files Patent Infringement Lawsuit Against Geneoscopy

Exact Sciences Corp. (Nasdaq: EXAS), a leading provider of cancer screening and diagnostic tests, today announced that it has filed a lawsuit against Geneoscopy, Inc. in the United States District Court for the District of Delaware. The lawsuit seeks damages and a court order to stop Geneoscopy from making, using, selling, or offering for sale Geneoscopy's ColoSense product or otherwise infringing on Exact Sciences' U.S. Patent No. 11,634,781 ("the '781 Patent"). The filed complaint can be accessed on the Exact Sciences' website.

Exact Sciences utilizes the patented '781 technology in its Cologuard® stool DNA-based colorectal cancer screening test. The patent covers clinically important methods for processing collection of fecal samples at home, in a manner that preserves the integrity of biomarkers contained in the sample to allow for subsequent analysis in a clinical laboratory.

After receiving a cease-and-desist letter from Exact Sciences regarding its patent infringement, Geneoscopy requested a reexamination of the '781 patent by the United States Patent and Trademark Office (USPTO) in May 2023. Upon completion of the reexamination in October 2023, the USPTO rejected Geneoscopy's challenge, confirming the patentability of all claims of the '781 patent for Exact Sciences.

"Exact Sciences pioneered a significant scientific breakthrough that has touched millions of patient lives. We worked tirelessly to develop Cologuard, a first-of-its-kind diagnostic that has been used to screen for colorectal cancer more than 13 million times," said Kevin Conroy, chairman and CEO of Exact Sciences. "As a company deeply rooted in innovation, we understand the vital role of intellectual property, and we will vigorously defend our patents."

Since 2009, Exact Sciences has invested hundreds of millions to study Cologuard and at-home cancer screening technology in 26 clinical trials that included 256,000 participants. The company holds more than 70 U.S. and over 140 internationally issued Cologuard patents, with more than 80 patent applications pending worldwide.

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