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Bio-Rad Laboratories Sues 10x Genomics Again, Alleging Patent Infringement

NEW YORK – Bio-Rad Laboratories yesterday filed another lawsuit accusing 10x Genomics of patent infringement.

The suit, filed in the US District Court for the District of Delaware, alleges that 10x's Next GEM microfluidic chips infringe Bio-Rad's US Patent No. 8,871,444, titled "In vitro evolution in microfluidic systems." Bio-Rad said it exclusively licensed the patent from Harvard University and the UK's Medical Research Council. 

"This patent covers techniques for detecting enzymatic reactions in microfluidic droplets and is part of Bio-Rad's comprehensive portfolio of droplet intellectual property," Bio-Rad said in a statement. "The suit asserts that 10x Genomics infringes through the sale of its recently-announced Next GEM family of products."

Bio-Rad is seeking damages, costs and attorneys' fees, an injunction against 10x or an ongoing royalty, and a jury trial.

This is the third lawsuit filed by Bio-Rad against 10x in this court. In November 2018, Bio-Rad won a $24 million jury verdict for a patent infringement suit initially filed in 2015. In August, the court tacked on approximately $10.5 million more in penalties. 10x has appealed the verdict and the ensuing permanent injunction. Bio-Rad also filed a lawsuit alleging 10x infringed U.S. Patent No. 9,896,722 in 2018.

10x has brought the legal fight to Bio-Rad, as well. In July, a judge overseeing a US International Trade Commission case said that Bio-Rad had imported products that infringed 10x patents.  

Today, Pleasanton, California-based 10x priced its initial public offering at $39.00 per share, above the expected range of $31 to $35 per share it announced earlier this month. 

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