Contract analysis

1. GenomeDx has met its burden of demonstrating that the thirty-four (34) withheld documents are relevant to the claims and defenses in this action, including GenomeDx's patent infringement claims under 35 U.S.C. § 271 and Helios's asserted defenses of non-infringement and invalidity, and are proportional to the needs of the case under Federal Rule of Civil Procedure 26(b)(1), considering the importance of the issues

2. The documents at issue — pre-launch business plans, board presentations made to Helios's board of directors and to investors including Corinth Ventures Fund III, LP, and investor materials prepared and disseminated in connection with fundraising activities — contain predominantly business content that was shared with non-lawyer business personnel, members of Helios's board of directors, and third-party investors.

3. Helios's privilege log entries for the thirty-four (34) challenged documents are insufficient to sustain the claimed attorney-client privilege and work-product protections as to these specific documents. The privilege log entries fail to provide adequate descriptions of the nature of the documents, the specific legal advice sought or rendered, or the basis upon which each document is claimed to be privileged or pr

4. Adequate protections for any legitimately confidential business information contained in the thirty-four (34) documents are provided by the Stipulated Protective Order entered by the Court on December 18, 2025 (Dkt. No. 47), which permits designation of documents at two tiers of confidentiality and restricts the use and dissemination of designated materials to the purposes of this litigation. ORDER IT IS HEREBY OR

1. Grant of Motion. Plaintiff Genome Dx Therapeutics Inc.'s Motion to Compel Production of Documents is GRANTED as to the thirty-four (34) documents identified in Exhibit A to the Declaration of Peter Vassiliev, filed January 30, 2026. Helios's claims of attorney-client privilege and work-product protection as to these thirty-four (34) documents are overruled.

2. Production Deadline. Defendant Helios Precision Diagnostics, Inc. shall produce the thirty-four (34) documents identified in Exhibit A to the Declaration of Peter Vassiliev to Plaintiff Genome Dx Therapeutics Inc. within ten (10) business days of the date of entry of this Order. Failure to comply with this production deadline may result in the imposition of sanctions, including but not limited to monetary sanction

3. Applicability of Protective Order. All documents produced by Helios pursuant to this Order shall be subject to the terms and conditions of the Stipulated Protective Order entered by the Court on December 18, 2025 (Dkt. No. 47). Helios may designate any or all of the produced documents as "Confidential" or "Highly Confidential — Attorneys' Eyes Only" in accordance with the procedures and definitions set forth in th

4. Format of Production. The thirty-four (34) documents shall be produced in the format specified in the parties' agreed-upon ESI Protocol, dated November 14, 2025, and consistent with the format of prior productions made by Helios in this matter, including the production of documents in single-page TIFF format with searchable text files (OCR), load files containing all applicable metadata fields, and native format f

5. Reservation of Rights. This Order is without prejudice to any party's right to seek further relief from the Court regarding discovery disputes arising in this action, including but not limited to disputes concerning the remaining forty-nine (49) documents withheld by Helios that are not the subject of the instant Motion. Nothing in this Order constitutes a ruling on the ultimate admissibility of any document produ