ITC ALJ Determines Invalidity Challenges Precluded by Assignor Estoppel

April 24, 2018 – Complainants Bio-Rad Laboratories, Inc. and Lawrence Livermore National Security, LLC filed a motion for summary determination that the doctrine of assignor estoppel precludes Respondent 10X Genomics, Inc. from challenging the validity of the asserted patents. On April 20, the administrative law judge granted complainants’ motion. Given the inventors’ roles as founding members and owners of 10X Genomics, the ALJ held that 10X Genomics was in privity with those three inventor-assignors.

The patents at issue are U.S. Patent No. 9,500,664 entitled “Droplet Generation For Droplet-Based Assay,” 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 Sn Array Of Emulsions.”  The case is captioned Microfluidic Devices, Case No. ITC-337-TA-1068.

By: Julian G. Pymento