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Federal Circuit Rejects Theory of Infringement Based on Oversimplified Claim Interpretation and Finds That the ITC Correctly Required Proof of Substantial Non-infringing Use Based on Real-World Evidence
On May 28, 2021, a Federal Circuit panel consisting of Judges Newman, Lourie and Dyk issued a unanimous opinion, authored by Judge Lourie, in Bio-Rad Labs., Inc. v. ITC, Case Nos. 2020-1475 and 2020-1605. Bio-Rad appealed from a United States International Trade Commission's (ITC) determination of non-infringement with respect to certain devices imported by 10X Genomics (10X). 10X appealed from the ITC's determination of infringement with respect to certain other devices. Because the ITC's opinion is free from alleged legal errors and its underlying factual findings are supported by substantial evidence, the panel affirmed. Slip Op. at 29.
Bio-Rad's ITC complaint alleged infringement of several patents by the 10X's importation of certain microfluidic chip products. Id. at 10. In an initial determination, the ITC's Administrative Law Judge (ALJ) found that: 1) 10X's GEM Chips and their use directly infringe certain claims of several patents; 2) 10X induces and contributes to its customers' direct infringement of certain patents while using GEM Chips, and 3) 10X's Chip GB does not infringe certain claims of a patent. Id. at 11. The ITC adopted the ALJ's initial determination in all respects that are relevant to the consolidated appeal. Id.
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