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13 February 2020AmericasRory O'Neill

10x Genomics strikes back in Bio-Rad saga with USITC ban

US biotechnology company 10x Genomics has won an import ban against its rival Bio-Rad Laboratories in a long-running patent dispute.

Yesterday’s decision from the US International Trade Commission (ITC) comes as a reversal of fortunes for 10x, which has suffered several legal defeats in the dispute last year.

Both sides have accused each other’s microfluidic chips, used for genetic analysis, of infringing the other’s IP.

An ITC judge issued her preliminary findings in favour of 10x last July, determining that Bio-Rad infringed three of its patents (US numbers 9,689,024; 9,695,468; and 9,856,530).

The ITC has now affirmed that ruling, including a finding of non-infringement of a fourth patent (number 9,644,204). The ruling also includes a ban on Bio-Rad importing the infringing microfluidic systems to the US.

Bio-Rad had argued that the patents were invalid, but the ITC said the US biotech had failed to prove its case.

The ITC judge’s initial determination also found that “Bio-Rad had not carried its burden with respect to various additional affirmative defences, including improper inventorship and ownership”.

It comes just three months after Bio-Rad revealed that a Munich court had ruled in its favour and ordered 10x to pay unspecified damages.

The Munich court found that 10x had infringed a Bio-Rad utility model for microfluidic chips.

That ruling followed another injunction against 10x, this time issued by the US District Court for the District of Delaware. A jury had previously awarded Bio-Rad damages of $24 million for patent infringement.

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Big Pharma
3 June 2021   The US Court of Appeals for the Federal Circuit has upheld a decision from the US International Trade Commission that found 10X Genomics infringed on two Bio-Rad Laboratories gene sequencing patents.
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17 June 2021   Bio-Rad has asked the US Court of Appeals for the Federal Circuit to review its prior decisions that affirmed Bio-Rad had infringed three 10X Genomics patents.
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29 July 2021   Bio-Rad Laboratories has settled its long-running dispute with 10X Genomics over patents covering genetic analysis tech and both companies have negotiated an agreement to cross-license their products.

More on this story

Big Pharma
3 June 2021   The US Court of Appeals for the Federal Circuit has upheld a decision from the US International Trade Commission that found 10X Genomics infringed on two Bio-Rad Laboratories gene sequencing patents.
Big Pharma
17 June 2021   Bio-Rad has asked the US Court of Appeals for the Federal Circuit to review its prior decisions that affirmed Bio-Rad had infringed three 10X Genomics patents.
Biotechnology
29 July 2021   Bio-Rad Laboratories has settled its long-running dispute with 10X Genomics over patents covering genetic analysis tech and both companies have negotiated an agreement to cross-license their products.

More on this story

Big Pharma
3 June 2021   The US Court of Appeals for the Federal Circuit has upheld a decision from the US International Trade Commission that found 10X Genomics infringed on two Bio-Rad Laboratories gene sequencing patents.
Big Pharma
17 June 2021   Bio-Rad has asked the US Court of Appeals for the Federal Circuit to review its prior decisions that affirmed Bio-Rad had infringed three 10X Genomics patents.
Biotechnology
29 July 2021   Bio-Rad Laboratories has settled its long-running dispute with 10X Genomics over patents covering genetic analysis tech and both companies have negotiated an agreement to cross-license their products.