A three-month preparation period for a complex
provisional measures application is not an unreasonable delay under
R. 211.4 RoP, considering the technical complexity and multiple
patents involved
The Court held that "delay" runs from when the
applicant has, or should have, enough facts and evidence to file
with a reasonable prospect of success (R. 206.2 and 211.4 RoP).
Here, that point was the first detailed infringement letter of
27 May 2025, when Guardant Health had obtained key technical
documents on the accused test and started substantive analysis, not
earlier public webinars or high-level marketing.
Given four patents and sophisticated liquid biopsy technology,
three months to investigate, assemble evidence and draft a
front‑loaded application was considered objectively
reasonable and not an "unreasonable delay" barring
provisional relief.