Foundation Medicine and Guardant Health Agree to Resolve False Advertising Lawsuit

Medicine, Inc.
(NASDAQ:FMI) and Guardant
Health, Inc
. announced an agreement to settle false advertising
challenges that the companies had filed against each other under the
Lanham Act related to advertising for their respective liquid genomic
profiling assays. Under the terms of the settlement, the lawsuit and
counterclaims will be dismissed with prejudice. The companies also
agreed to create a rapid-resolution process in the event of further
advertising-related disputes.

In conjunction with the settlement, the parties further agreed to
establish a working group to explore the development of standard
formulas and definitions for the validation of genomic profiling assays.

Guardant Health’s CEO, Helmy Eltoukhy stated, “We are pleased to resolve
this legal matter in a way that not only addresses our respective
concerns about historical marketing practices but focuses on educating
clinicians and improving patient care.”

Foundation Medicine’s CEO, Troy Cox, stated, “We’re pleased with this
settlement that enables both companies to focus on the needs of the
oncology community.”

About Guardant Health

Guardant Health is focused on conquering cancer by using its
breakthrough blood-based assays, vast data sets, and advanced analytics.
Using both molecular and digital tools, Guardant Health is addressing
challenges across the cancer care continuum. The company has raised more
than $500 million from leading investors. Its first product, the
Guardant360 assay, came to market in 2014, and is now widely ordered and
commercially available in more than 30 countries. In 2016, it announced
Project LUNAR, an effort to apply Guardant Health’s technology platform
to early detection, recurrence monitoring, and assessing minimal
residual disease. Guardant Health and Guardant360 are registered
trademarks of Guardant Health, Inc. Learn more at

About Foundation Medicine

Foundation Medicine (NASDAQ:FMI) is a molecular information company
dedicated to a transformation in cancer care in which treatment is
informed by a deep understanding of the genomic changes that contribute
to each patient’s unique cancer. The company offers a full suite of
comprehensive genomic profiling assays to identify the molecular
alterations in a patient’s cancer and match them with relevant targeted
therapies, immunotherapies and clinical trials. Foundation Medicine’s
molecular information platform aims to improve day-to-day care for
patients by serving the needs of clinicians, academic researchers and
drug developers to help advance the science of molecular medicine in
cancer. For more information, please visit
or follow Foundation Medicine on Twitter (@FoundationATCG).

Foundation Medicine® is a registered trademark of Foundation Medicine,


For Foundation Medicine:
Lee-Ann Murphy,
Brown, 617-418-2215
Guardant Health: