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Court Grants Bio-Rad Permanent Injunction Against 10x Genomics

This story has been updated to include additional comments from 10x Genomics. 

NEW YORK – A federal judge will limit 10x Genomics' ability to sell and market its single-cell analysis solution.  

Yesterday, Judge Richard Andrews of the US District Court for the District of Delaware granted Bio-Rad Laboratories a permanent injunction against 10x, as part of post-trial proceedings.

The exact restrictions the court will place on 10x have not yet been determined. Judge Andrews ordered the parties to submit a revised proposed permanent injunction within five days; he wrote that 10x should not be "required to provide notice to companies to which it 'intends in the future to directly or indirectly sell' the enjoined products."

Bio-Rad sued 10x in 2015 for patent infringement and won a $23.9 million jury verdict in November 2018.

In December 2018, Bio-Rad asked the court for a permanent injunction, proposing that the court place limits on 10x's sales, advertising, marketing, and customer support. Around that time, 10x had asked the judge to overturn the jury verdict, or, short of that, grant it a new trial. Judge Andrews denied 10x's requests earlier this month.

"We are obviously pleased with the Court's decisions, upholding the jury's award of damages and vindicating our patent rights by granting an injunction," Norman Schwartz, Bio-Rad President and CEO, said in a statement.

The effects the injunction could have on single-cell research are unclear. In January, the Broad Institute filed an Amicus Curiae brief with the court, where it wrote that a permanent injunction, "especially if such injunction were to be immediate and of such a scope that 10x will be unable to continue to support existing customers of its equipment, would do a great disservice to the public interest," the Broad wrote. "An immediate and broad injunction will significantly set back the research of Broad and other academic and/or not-for-profit research organizations."

In an email, 10x Genomics said it disagreed with the court's decision and would appeal it. "Our customers can continue using the 10x products they have today per the order," 10x said. "We are also taking steps to ensure that all researchers are able to continue the important work of making scientific discoveries with no interruption." The firm later added that is has already begun moving customers to a new product and will continue doing so "in a methodical manner."

According to Judge Andrews' memo, he has awarded Bio-Rad a 15 percent royalty on sales of 10x's infringing products made from July 1 to Nov. 13, 2018, plus interest. He denied Bio-Rad's request for enhanced damages.  

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