A US federal judge has ordered Guardant Health to pay $138.9 million for royalties and supplemental damages as well as a 6 percent royalty on sales of certain products and services beginning July 1.
In a judgment issued Aug. 21 in the US District Court for the District of Delaware, Judge Gregory Williams said Guardant must pay $119.4 million in royalties for sales of infringing Guardant products, including the Reveal, Shield, and Guardant360 LDT/CDx/Response/Tissue Next tests, over the period of Feb.5, 2024 and May 31, 2026 as well as $19.5 million in supplemental damages and $22.9 million in pre- and post-judgment interest.
Combined with a prior $83.4 million jury verdict, Guardant faces a total bill of $245.2 million, though the company announced Aug. 24 that it will appeal the judgment.
“We strongly disagree with this decision and will promptly be appealing for its overturn,” John Saia, Guardant’s chief legal officer, said in a statement. “We have full faith in the strengths and merits of Guardant’s intellectual property and R&D and are confident we will ultimately prevail on appeal.”
Moreover, in a statement Guardant said that both TwinStrand patents have been “preliminarily invalidated” in challenges before the US Patent and Trademark Office.
Guardant did not immediately respond to a list of questions, including what the focus of its appeal will be.
The judgment excludes reworked versions of certain products, including Guardant Reveal (upgraded since December 2024) and Shield (since July 22, 2026), suggesting the company has already made design changes to avoid infringing the patents going forward.
TwinStrand sued Guardant in 2021, alleging infringement of patents covering duplex sequencing, a method that sequences both strands of DNA to reduce errors in liquid biopsy testing. The jury found Guardant liable for infringement and awarded it the $83.4 million verdict in 2023.
In June, Judge Williams denied Guardant’s request to overturn the jury decision.
The so-called “royalty bearing instrumentalities” also include GuardantOMNI, HEME, GuardantINFINITY/Sirius, and Guardant Companion and Explore services.
Guardant added that it has “validated design improvements to Guardant360 and related services that would exclude impact of the potential ongoing royalties in the decision.”