Case: Guardant Health, Inc. v Natera, Inc. Case No. 3:21-cv-04062, ND of California
In this false advertising matter, Applied Marketing Science, Inc. (AMS) provided survey evidence on behalf of Guardant Health, Inc. (“Guardant Health”), a leading oncology company, to assess allegations of false advertising, specifically related to a competing cancer diagnostic test produced by Natera, Inc. (“Natera”).
The survey was designed to determine whether oncologists and cancer surgeons were misled by Natera’s advertising claims that their competing cancer diagnostic test, Signatera, was superior to Guardant Health’s test in terms of pre-surgical sensitivity and relapse sensitivity during surveillance monitoring.
The Internet-based survey demonstrated that a majority of relevant consumers took away a belief from Natera’s advertising that their Signatera test is superior to Guardant Health’s test. Based on the results of the survey, the jury concluded that Guardant Health “proved by a preponderance of the evidence” that Natera’s false advertisements about the performance of Guardant Health’s product “deceive or have the tendency to deceive a substantial segment of customers.”
A California jury unanimously awarded Guardant Health a $292.5 million verdict for false advertising and unfair competition stemming from statements Natera made about the performance of Guardant Health’s oncology test. The decision marks one of the largest Lanham Act false advertising damages awards in history and a significant win for AMS’s client.
AMS Principal Brian M. Sowers served as testifying survey expert on behalf of Guardant Health, represented by A&O Shearman and Keller Anderle Scolnick LLP.
To learn more about AMS Litigation Support services, Survey Expert Brian M. Sowers, or surveys for false advertising litigation matters, please contact Mr. Sowers.