CAFC Affirms ITC Ruling for 10X Genomics, Finding Bio-Rad Infringed
On April 29, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed an International Trade Commission (ITC) decision in Bio-Rad Laboratories v. International Trade Commission & 10X Genomics, Inc. finding that Bio-Rad infringed the patent claims at issue; that 10X Genomics (10X) practiced the claims; and rejecting Bio-Rad’s defense that it could not be liable for infringement because it co-owned the asserted 10X patents. 10X filed a complaint against Bio-Rad Laboratories with the ITC, alleging that Bio-Rad violated the Tariff Act of 1930 for importing and selling microfluidic systems and gene sequencing components covered by three of its patents. 19 U.S.C. § 1337. The ITC affirmed the findings of its Administrative Law Judge, who found that Bio-Rad violated the statute and infringed the 10X patents, and determined that the patents were, in fact, being practiced by 10X as required for liability under the statute.