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Court Tacks On $10M to 10x Genomics Infringement Penalty

NEW YORK – A US judge today ordered 10x Genomics to pay Bio-Rad Laboratories $34.5 million for infringing patents, approximately $10.5 million more than a jury awarded Bio-Rad in November 2018.

Judge Richard Andrews, of the US District Court for the District of Delaware, issued a final judgment requiring 10x to pay $8.3 million in supplemental damages and $2.2 million in interest, on top of the $24 million jury award.

10x must also pay $1,681 per day in post-judgment interest "that will accrue for this day forward until the monetary judgment is fully paid," Andrews wrote. 

Bio-Rad initially sued 10x in 2015, alleging 10x products, including assays based on 10x's GemCode chips, infringed patents held by Bio-Rad. Bio-Rad has also pursued and won a permanent injunction against 10x, preventing it from selling infringing products to new customers.

The supplemental damages are based on a 15 percent royalty rate applied to sales of infringing products that occurred after March 31, 2018 and before the jury verdict.

10x Genomics has appealed the case to the US Court of Appeals for the Federal Circuit. Today, the firm filed an emergency motion in District Court to stay the execution of the judgment. Details of the motion were not available, as it was filed under seal.

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