The International Trade Commission Issues Final Decision Affirming 10X Genomics Infringement of Three of Bio-Rad’s Patents

HERCULES, Calif.--()--Bio-Rad Laboratories, Inc. (NYSE: BIO and BIOb), a global leader of life science research and clinical diagnostic products, today announced that the International Trade Commission (ITC) affirmed the Administrative Law Judge’s finding that 10X Genomics infringed three of Bio-Rad’s patents.

The Commission also issued a Limited Exclusion Order and Cease and Desist Order against 10X Genomics, prohibiting the unlicensed importation of the infringing microfluidic devices, but permitting researchers who have a documented need, to continue receiving the infringing products for specific current ongoing research projects on the condition that 10X adheres to certain remedial orders. The decision by the Commission does not affect Bio-Rad’s ongoing lawsuits in federal district courts in Delaware and Massachusetts that accuse 10X’s Next GEM chips of infringing other Bio-Rad patents that were not the subject of the ITC proceeding.

We are pleased with the International Trade Commission’s decision to uphold the Administrative Law Judge’s finding, supporting our belief that 10X Genomics has advanced its position in the droplet-based NGS sample prep market through its unauthorized use of Bio-Rad’s intellectual property,” said Norman Schwartz, Bio-Rad President and Chief Executive Officer. “Bio-Rad will continue to pursue its legal rights to address the selling by 10X Genomics of products, including its Next GEM products, that we believe infringe Bio-Rad’s patents,” he added.

The decision by the full Commission, which was issued on December 18, confirms an earlier decision by the Administrative Law Judge finding that 10X’s GemCode products infringe Bio-Rad’s patent rights. It is subject to a 60-day Presidential review period, after which, if this process results in agreement with the Commission’s findings, the Limited Exclusion Order and Cease and Desist will become effective.

Bio-Rad’s success at the ITC follows its recent successes in other actions against 10X Genomics. On July 9, 2019, a federal district court judge upheld a unanimous jury verdict and $23.9 million award of damages finding 10X had willfully infringed three Bio-Rad patents and granted $10.5 million in supplemental damages and interest and issued an injunction against the selling of the infringing products. On November 20, 2019, the Munich District Court in Germany ruled that 10X’s GEM microfluidic chips, as well as certain Chromium instruments and related accessories, infringed a German utility model of Bio-Rad in Germany, and the court issued an injunction against the selling of these products in Germany. An appeal filed by 10X is pending.

About Bio-Rad

Bio-Rad Laboratories, Inc. (NYSE: BIO and BIOb) is a global leader in developing, manufacturing, and marketing a broad range of innovative products for the life science research and clinical diagnostic markets. With a focus on quality and customer service for over 65 years, our products advance the discovery process and improve healthcare. Our customers are university and research institutions, hospitals, public health and commercial laboratories, biotechnology, pharmaceutical, as well as applied laboratories that include food safety and environmental quality. Founded in 1952, Bio-Rad is based in Hercules, California, and has a global network of operations with more than 8,000 employees worldwide. Bio-Rad had revenues exceeding $2.2 billion in 2018. For more information, please visit www.bio-rad.com.

This release may be deemed to contain certain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. These forward-looking statements include, without limitation, statements we make that Bio-Rad will continue to pursue its legal rights to the halt the selling by 10X Genomics of products, including its Next GEM products, that we believe infringe Bio-Rad’s patents. Forward-looking statements generally can be identified by the use of forward-looking terminology such as “continue”, “will,” “expect,” “anticipate,” “plan,” “intend,” “estimate,” “believe,” or similar expressions or the negative of those terms or expressions, although not all forward-looking statements contain these words. Such statements involve risks and uncertainties, which could cause actual results to vary materially from those expressed in or indicated by the forward-looking statements. These risks and uncertainties include risks relating to intellectual property rights, international legal and regulatory risks, our ability to develop and market new or improved products, our ability to compete effectively, and product quality and liability issues. For further information regarding our risks and uncertainties, please refer to the “Risk Factors” and “Management’s Discussion and Analysis of Financial Condition and Results of Operation” in Bio-Rad’s public reports filed with the Securities and Exchange Commission, including our most recent Annual Report on Form 10-K and our Quarterly Reports on Form 10-Q. Bio-Rad cautions you not to place undue reliance on forward-looking statements, which reflect an analysis only and speak only as of the date hereof. We disclaim any obligation to update these forward-looking statements.

Contacts

Bio-Rad Laboratories, Inc.
Tina Cuccia, Corporate Communications
510-724-7000
tina_cuccia@bio-rad.com

Contacts

Bio-Rad Laboratories, Inc.
Tina Cuccia, Corporate Communications
510-724-7000
tina_cuccia@bio-rad.com