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Judge Denies Defendant’s Challenge to Verdict and Upholds $24M in Damages for Bio-Rad Laboratories and the University of Chicago

On July 9, 2019, a Delaware judge denied 10X Genomics’ challenge to the November 2018 verdict, siding with Weil clients Bio-Rad Laboratories and the University of Chicago. The original verdict awarded Bio-Rad Laboratories and the University of Chicago approximately $24 million in damages in a seven-patent infringement suit brought against competitor 10X Genomics regarding sophisticated genetic testing methods.

The defendant requested that the verdict be overturned on the grounds that the accused products did not infringe, that infringement was not willful, that the asserted claims are invalid, and that the plaintiffs failed to present a legally sufficient damages case.

These patents relate to devices and methods for genetic analysis using microfluidics, and protect the invention of using tiny droplets of water flowing through a stream of oil in a tiny chip to perform complex DNA reactions. This technology is the backbone of a rapidly expanding industry.

The Weil team included patent litigators Edward Reines, Derek Walter, Robert Vlasis, Amanda Branch and Christopher Lavin.

Legalese