In Appeal of Delaware Verdict, Bio-Rad Sounds Poised to Win on Money and Lose on Injunction
The Federal Circuit sounded skeptical Friday of 10x Genomics and Orrick partner Josh Rosenkranz's claim that a Delaware jury awarded 15 times too much for infringement of Bio-Rad's droplet technology. But the court sounded reluctant to reimpose an injunction that Rosenkranz said would hinder research into diseases including COVID-19.
April 10, 2020 at 06:53 PM
5 minute read
The original version of this story was published on National Law Journal
Orrick, Herrington & Sutcliffe partner E. Joshua Rosenkranz is known as "the defibrillator" for his ability to revive cases from the dead on appeal. But his latest patient may be beyond saving, based on arguments Friday before the U.S. Court of Appeals for the Federal Circuit.
Two of the three judges hearing Bio-Rad Laboratories v. 10x Genomics sounded skeptical of Rosenkranz's arguments that 10x Genomics Inc.'s ground-breaking single-cell technology doesn't infringe three Bio-Rad Laboratories Inc. patents, or that a Delaware jury's award of $24 million and a 15% royalty were beyond the pale.
But it did sound as if Rosenkranz may persuade the court to dissolve an injunction that he said threatens "vitally important" scientific research, including research into COVID-19. "These instruments needed to get an exemption from the injunction to do critically important COVID research," Rosenkranz told the panel.
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