Federal Circuit Dubious About Harm of Cancer Test’s Sales Ban

The Federal Circuit on Friday appeared unlikely to overturn an injunction removing from the market a NeoGenomics Laboratories Inc. cancer screening test due to a pair of Natera Inc. patents.

Chief Circuit Judge Kimberly A. Moore seemed upersuaded by NeoGenomics’ argument that it’s in the public’s interest to keep its test on the market, and questioned the evidence about how its test could detect more cancers than Natera’s.

“I can’t find any evidence to support that. I can’t find any evidence at all anywhere,” Moore said to NeoGenomics’s counsel Deanne Maynard of Morrison & Foerster LLP at one point during ...