July 24, 2019
On July 24, 2019, just two weeks after a Delaware federal judge upheld the November 2018 $24M patent jury verdict for Weil clients Bio-Rad Laboratories and the University of Chicago against competitor 10X Genomics, Weil secured a significant follow-on victory when the court granted Bio-Rad and University of Chicago's post-trial motion for a permanent injunction barring 10X from manufacturing or selling a number of accused products that infringed the patents-in-suit.
In ruling in favor of the permanent injunction, the court found that 10X and Bio-Rad are direct competitors in the market for sophisticated products that perform genetic analysis on a droplet platform, and that Bio-Rad demonstrated that it will suffer irreparable harm absent an injunction. Notably, the court refused to stay the injunction, finding it unlikely that 10X would succeed on the merits on appeal, and granted our clients supplemental damages and interest.
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 was led by Ed Reines, Co-Head of both Weil's Patent Litigation practice and its Life Sciences practice, and included partner Derek Walter, counsel Robert Vlasis, and associates Amanda Branch, Chris Lavin and Kathryn Culver.