—NOWDx claim outlines OraSure’s misappropriation of non-public device, trade secrets, breach of contract, and other violations—

—NOWDx seeks compensatory and punitive damages, payment of fees—

NOWDiagnostics, Inc. (NOWDx), a leader in developing over-the-counter (OTC) and point-of-care (POC) diagnostic tests, filed a claim on Jan. 13 against OraSure Technologies (OraSure), asserting breach of contract, theft of a non-public device, misappropriation of trade secrets, unfair competition, and other violations of state and federal law for damages in federal court in the Eastern District of Pennsylvania. NOWDx is seeking compensatory and punitive damages and payment of attorneys’ fees, among other legal remedies.

“Our focus on our mission to provide the public with diagnostic products that improve lives remains unwavering,” said Robert Weigle, CEO of NOWDx. “I’m immensely proud of our team and the progress we’ve made with our patented, accurate, easy-to-use, rapid technology. This includes the launch of the first and only rapid syphilis test with in-home results in minutes, the First to Know Syphilis Test, addressing a growing national epidemic. We regret that previous discussions with OraSure have ended in litigation. However, we are confident in our legal position and plan to vigorously defend our innovative intellectual property.”

NOWDx’s countersuit asserts a pattern of unlawful actions by OraSure beginning in 2023, after it had approached NOWDx to discuss NOWDx’s technology and potential to expand OraSure’s product portfolio. The evidence of OraSure’s wrongdoing was recently uncovered by an internal investigation after OraSure filed a baseless lawsuit against NOWDx in November 2024.

NOWDx is pursuing claims against OraSure for, among other things:

1. OraSure’s illegal retention of a non-public NOWDx prototype and in-market devices;
2. OraSure’s efforts to develop product technology using confidential information it learned during discussions with NOWDx;
3. OraSure’s improper retention of NOWDx’s highly confidential information, including detailed product roadmaps and specific technical documents;
4. The access and use of NOWDx’s proprietary data and information by senior members of OraSure’s team;
5. OraSure’s attempts to internally develop the same products NOWDx had presented to it during discussions between the parties; and
6. OraSure’s retention of NOWDx’s confidential, trade secret information that was shared in 2023.

About NOWDiagnostics (NOWDx)

NOWDx develops and manufactures over-the-counter (OTC) and point-of-care (POC) diagnostic tests. Its patented approach enables virtually any immunological assay to be accurately performed onsite in one step using a small amount of capillary blood, yielding results in minutes. With over 75 patents issued and pending, NOWDx's First To Know^® and ADEXUSDx^® product lines are available in markets worldwide. Founded in 2013, with headquarters and manufacturing in Springdale, Arkansas, NOWDx envisions a world where people have greater access to in-home testing with results in minutes. NOWDx is committed to changing healthcare by providing accessible, affordable, and accurate testing for all. Please visit nowdx.com for more information.

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