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, modestly above 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
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.