PTAB Denies Institution of IPR on Droplet Based Assay Patent

July 2, 2018 – 10X Genomics had filed two petitions for inter partes review against Bio-Rad Laboratories, Inc.’s droplet-based assay patent.

On June 28, 2018, the Board denied institution of inter partes review after finding that Petitioner had not demonstrated a reasonable likelihood that the subject matter of claims 1, 5–8, and 12–16 would have been obvious over the prior art that included U.S. patent application publication ’928, U.S. patent application publication ’582, and a scientific article. Similarly, the Board denied institution based on the other IPR’s prior art. The Board found that the combined system of prior art U.S. patent application publication ’332 and U.S. patent application publication ’770 does not involve modifying publication ’332’s system in view of publication ’770 but rather involved removing a piece of publication ’332’s system and inserting it into publication ’770’s system.

The patent at issue was U.S. Patent No. 9,500,664, entitled “Droplet generation for droplet-based assays.” The case is captioned 10X Genomics, Inc. v. Bio-Rad Laboratories, Inc., Case Nos. IPR2018-00489 and IPR2018-00490.

By: Julian G. Pymento