`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`GUARDANT HEALTH, INC.,
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`Plaintiff,
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`v.
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`FOUNDATION MEDICINE, INC.,
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`Defendant.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`C.A. No. 20-cv-1580-LPS
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`JURY TRIAL DEMANDED
`
`PLAINTIFF GUARDANT HEALTH INC.’S MOTION FOR PRELIMINARY
`INJUNCTION
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`Plaintiff Guardant Health, Inc. (“Guardant”) moves under Federal Rule of Civil Procedure
`
`65 for a preliminary injunction prohibiting Foundation Medicine, Inc. (“FMI”) from performing
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`or offering their infringing FoundationOne® Liquid CDx test in the United States because doing
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`so infringes U.S. Patent No. 10,704,085 (“the ’085 Patent”) and U.S. Patent No. 10,704,086 (“the
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`’086 Patent”). This motion is based on Guardant’s opening brief, the Declarations of Gregory
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`Cooper, Ph. D., Daniel Simon, and Garland T. Stephens, exhibits attached thereto, and all other
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`information properly considered.
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`1
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`
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`Case 1:20-cv-01580-LPS Document 7 Filed 12/10/20 Page 2 of 2 PageID #: 671
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`Dated: December 10, 2020
`
`Respectfully submitted,
`
`FARNAN LLP
`
`/s/ Brian E. Farnan
`Brian E. Farnan (Bar No. 4089)
`Michael J. Farnan (Bar No. 5165)
`919 North Market Street, 12th Floor
`Wilmington, DE 19801
`Telephone: (302) 777-0300
`Facsimile: (302) 777-0301
`bfarnan@farnanlaw.com
`mfarnan@farnanlaw.com
`
`Attorneys for Plaintiff Guardant Health, Inc.
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`OF COUNSEL:
`Edward R. Reines (pro hac vice pending)
`edward.reines@weil.com
`Derek C. Walter (pro hac vice pending)
`derek.walter@weil.com
`WEIL, GOTSHAL & MANGES LLP
`201 Redwood Shores Parkway
`Redwood Shores, CA 94065
`Telephone: (650) 802-3000
`Facsimile: (650) 802-3100
`
`Garland T. Stephens (pro hac vice pending)
`Justin L. Constant (pro hac vice pending )
`WEIL, GOTSHAL & MANGES LLP
`700 Louisiana, Suite 1700
`Houston, TX 77002
`Telephone: (713) 546-5000
`Facsimile: (713) 224-9511
`
`2
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