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10x Genomics Countersues Becton Dickinson for Patent Infringement

This story has been updated to include a response from BD. 

NEW YORK – Single-cell analysis firm 10x Genomics has accused Becton Dickinson and subsidiary Cellular Research of patent infringement as part of a countersuit.

In documents filed yesterday with the US District Court for the District of Delaware, 10x alleged that BD's Rhapsody and Rhapsody Express single-cell analysis systems, along with associated reagent kits, infringe three patents held by 10x.

The allegations came as part of 10x's response to BD's allegations that 10x's single-cell analysis products infringe seven BD patents. BD initially filed suit in November 2018. Pleasanton, California-based 10x is also involved in a legal battle with Bio-Rad Laboratories, in which it has appealed a $23.9 million jury verdict of infringement and an injunction preventing it from selling its products using GEM microfluidic chips to new customers.

In its response to BD's complaint, 10x alleged that the Rhapsody products infringe three patents: US Patent Nos. 10,273,541 — "Methods and systems for processing polynucleotides" — and 10,240,197 and 10,392,662, both entitled "Methods for analyzing nucleic acids from single cells."

"BD does not comment on pending litigation," Gwen Gordon, BD senior manager for public relations, life sciences, said in an email. 10x did not respond to request for comment. 

10x denied infringing BD's patents and asked the court to dismiss BD's suit. Additionally, 10x asked the court for a jury trial, as well as a judgment that BD's patents are invalid and not infringed by 10x; monetary damages, including treble damages for willful infringement; a permanent injunction against BD or post-judgment royalties; and that BD to be required to pay 10x's costs and attorney fees.