ALJ Grants Sua Sponte Motion to Limit Number of Asserted Claims

January 29, 2018 – On January 25, 2018, in an ITC case between Respondent 10X Genomics, Inc. and complainants Bio-Rad Laboratories, Inc. and Lawrence Livermore National Security LLC, the administrative law judge ordered Complainants to reduce the number of asserted claims from over 90 claims across five patents to no more than 20 claims. The judge held the case to be too unwieldy and unmanageable otherwise.

The patents at issue are 9,500,664 entitled “Droplet generation for droplet-based assays,” 9,089,844 entitled System for forming emulsions, 9,636,682 entitled “System for generating droplets—instruments and cassette,” 9,649,635 entitled “System for generating droplets with push-back to remove oil,” and 9,126,160 entitled “System for forming an array of emulsions.” The case is captioned In the Matter of Certain Microfluidic Devices, Case No. ITC-337-TA-1068.

By: Julian G. Pymento