By Eric Schweibenz and Alex Englehart
On July 31, 2017, Bio-Rad Laboratories, Inc. of Hercules, California (“Bio-Rad”) and Lawrence Livermore National Security, LLC of Livermore, California (collectively, “Complainants”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that 10X Genomics, Inc. of Pleasanton, California (“10X”) unlawfully imports into the U.S., sells for importation, and/or sells within the U.S. after importation certain microfluidic devices that infringe one or more claims of U.S. Patent Nos. 9,500,664 (the ’664 patent), 9,089,844 (the ’844 patent), 9,636,682 (the ’682 patent), 9,649,635 (the ’635 patent), and 9,126,160 (the ’160 patent) (collectively, the “asserted patents”).

According to the complaint, the asserted patents generally relate to using a microfluidic chip to form partitions, which can be emulsions, in the context of a Polymerase Chain Reaction (PCR) or similar applications. In particular, the ’664 patent relates to a system for forming a plurality of sample-containing droplets suspended in a background fluid such as an oil. The ’844 patent relates to a system for forming emulsions/droplets comprising a microfluidic device. Lastly, the ’682, ’635, and ’160 patents relate to a system for forming an array of emulsions/droplets in parallel.

In the complaint, Complainants state that 10X imports and sells products that infringe the asserted patents. The complaint specifically refers to microfluidic devices associated with 10X as infringing products.

Regarding domestic industry, Complainants state that Bio-Rad has designed several microfluidic chips that alone, or in combination with Bio-Rad’s droplet generators, practice at least one claim of each of the asserted patents. Complainants further state that Bio-Rad conducts relevant design, research, development, engineering, manufacturing, testing, distribution, marketing, sales, service, customer support, and other activities in the U.S. relating to Bio-Rad’s domestic industry products. Complainants specifically refer to two Bio-Rad facilities in California where Bio-Rad conducts relevant domestic activities.

As to related litigation, Complainants state that, concurrently with the filing of the instant ITC complaint, they are also filing a complaint in the U.S. District Court for the Northern District of California alleging infringement of the asserted patents as well as other patents.

With respect to potential remedy, Complainants request that the Commission issue a permanent limited exclusion order and a permanent cease and desist order directed at 10X and related entities.