Bio-Rad Files New Lawsuit Against 10X Genomics for Patent Infringement

HERCULES, Calif.–(BUSINESS WIRE)–Bio-Rad Laboratories, Inc. (NYSE: BIO and BIOb), a global leader of life science research and clinical diagnostic products, today announced that it has filed a patent infringement suit against 10X Genomics, Inc. in the United States District Court for the District of Delaware.

In the lawsuit Bio-Rad asserts that 10X Genomics infringes U.S. Patent No. 8,871,444, which is exclusively licensed to Bio-Rad from Harvard University and the 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. The suit asserts that 10X Genomics infringes through the sale of its recently-announced Next GEM family of products. As stated in Bio-Rad’s Complaint, Harvard University is joined in the case as a nominal defendant solely for the legal purposes of jurisdiction and standing. Bio-Rad is seeking all available remedies against 10X Genomics, including damages and injunctive relief.

The suit filed today is Bio-Rad’s third action against 10X Genomics in Delaware District Court and its second action that is directed to 10X’s Next GEM products. In November 2018, a Delaware jury found that 10X Genomics infringed patents licensed to Bio-Rad by the University of Chicago and awarded damages of $23.9M. In August 2019, the Delaware Court awarded Bio-Rad an additional $10.5 M in supplemental damages and interest and entered a permanent injunction against 10X Genomics.

“Bio-Rad will continue to grow and protect its portfolio of patents in the droplet microfluidics space that deliver differentiated genomics technologies and enable world class research,” said Norman Schwartz, Bio-Rad President and Chief Executive Officer.

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 grow and protect its portfolio of patents in the droplet microfluidics space that deliver differentiated genomics technologies and enable world class research. 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

[email protected]