Supreme Court of the United States · Official docket →
CareDx, Inc. v. Natera, Inc.
Paid petition · United States Court of Appeals for the Third Circuit, No. 23-2427, 23-2428 · judgment August 28, 2025
Before the decision, about 2.1× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Third Circuit decision below, and a business petitioner, and down for a business respondent.
Question presented
In Lanham Act false advertising cases, the courts of appeals have split 6-1 over whether a jury may infer consumer deception and reliance upon finding that an advertising campaign is deliberately false. The First, Second, Sixth, Eighth, Ninth, and D.C. Circuits hold that a jury may draw such an inference. They consider that inference so powerful that it gives rise to a presumption of consumer deception and reliance. Only the Third Circuit—home to a disproportionate number of corporate advertisers— holds the opposite, altogether forbidding a jury from inferring that a deliberately false advertising campaign had its intended effect. The question presented is: Whether a jury hearing a false advertising case under the Lanham Act should be barred from inferring consumer deception and reliance upon finding that a defendant conducted a deliberately false advertising campaign.
Counsel of record
For petitioner
Noel John Francisco
Jones Day
For respondent
Robert Thomas Smith
Katten Muchin Rosenman LLP
Case
Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 2 conferences
Amicus briefs
1 cert-stage
Linked docket
25A708
Order
Order list, June 1, 2026 · Certiorari denied
Proceedings
- Jun 01 2026Petition DENIED.
- May 12 2026DISTRIBUTED for Conference of 5/28/2026.
- May 08 2026Reply of petitioner CareDx, Inc. filed. (Distributed)
- Apr 24 2026Brief of respondent Natera, Inc. in opposition filed.
- Mar 06 2026Motion to extend the time to file a response is granted and the time is extended to and including April 24, 2026.
- Mar 05 2026Motion to extend the time to file a response from March 25, 2026 to April 24, 2026, submitted to The Clerk.
- Feb 24 2026Brief amici curiae of Truth In Advertising, Inc., et al. filed.
- Feb 23 2026Response Requested. (Due March 25, 2026)
- Feb 18 2026DISTRIBUTED for Conference of 3/6/2026.
- Feb 12 2026Waiver of right of respondent Natera, Inc. to respond filed.
- Feb 09 2026Petition for a writ of certiorari filed. (Response due March 13, 2026)
- Dec 19 2025Application (25A708) granted by Justice Alito extending the time to file until February 7, 2026.
- Dec 15 2025Application (25A708) to extend the time to file a petition for a writ of certiorari from January 8, 2026 to February 9, 2026, submitted to Justice Alito.