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Bio-Rad Laboratories, Inc. v. 10X Genomics, Inc.

United States District Court, D. Delaware

April 8, 2019

BIO-RAD LABORATORIES, INC., Plaintiff,
v.
10X GENOMICS, INC., Defendant.

          MEMORANDUM ORDER

         Currently pending before the Court is Defendant's Motion to Dismiss and/or Strike. (D.I. 9). The parties have fully briefed the issues. (D.I. 10, 15, 16). After reviewing the briefing, Defendant's motion is DENIED.

         I. BACKGROUND

         Plaintiff Bio-Rad Laboratories filed this suit against Defendant 10X Genomics on October 25, 2018 asserting U.S. Patent Nos. 9, 562, 837 ("the '837 patent") and 9, 896, 722 ("the '722 patent") (collectively, "the Asserted Patents"). (D.I. 1). The Asserted Patents claim technology related to handling samples in a way that reduces sample contamination and sample loss. The Complaint references only Claim 1 of each patent. Claim 1 of the '837 patent reads as follows:

         1. An assembly, the assembly comprising:

a microchannel in a horizontal plane; at least one droplet formation module comprising a sample inlet, an immiscible fluid inlet, and a junction, wherein the junction is located between the sample inlet and the microchannel and the droplet formation module is configured to produce droplets comprising the sample surrounded by the immiscible fluid; and
at least one downstream separation chamber comprising a droplet receiving chamber inlet and at least one droplet receiving outlet, wherein the separation chamber is upright to the microchannel and out of the horizontal plane; wherein the droplet formation module and the separation chamber are in fluid communication with each other via the microchannel; and wherein the separation chamber has a wider cross-section than the microchannel cross-section to accumulate a plurality of droplets comprising the sample and is of a volume sufficient to separate the plurality of droplets comprising the sample from the immiscible fluid within the separation chamber.

         ('887 patent, cl. 1). Claim 1 of the '722 patent reads as follows:

         1. A method of reducing contamination associated with sample handling, comprising:

providing an aqueous fluid comprising a sample through a sample inlet;
providing an immiscible fluid flowing through a main channel that is in fluidic communication with the sample inlet, wherein the main channel is in a horizontal plane;
partitioning the aqueous fluid with the immiscible fluid to form a plurality of droplets in the main channel, wherein at least one droplet comprises a sample;
flowing the droplets toward a downstream separation chamber that is in fluidic communication with the main channel,
wherein the separation chamber has a wider cross-section than the main channel cross-section and the separation chamber is disposed perpendicular to the main channel; and
separating the plurality of droplets from the immiscible fluid in the separation chamber based on the different densities of the ...

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