finding that Bio-Rad infringed the patent claims at issue that 10X Genomics (10X) practiced the claims and rejecting Bio-Rad’s defense that it could not be liable for infringement because it co-owned the asserted 10X patents.ġ0X filed a complaint against Bio-Rad Laboratories with the ITC, alleging that Bio-Rad violated the Tariff Act of 1930 for importing and selling microfluidic systems and gene sequencing components covered by three of its patents. International Trade Commission & 10X Genomics, Inc. Court of Appeals for the Federal Circuit (CAFC) affirmed an International Trade Commission (ITC) decision in Bio-Rad Laboratories v. “The CAFC interpreted the contractual provision to mean that the assignment duty is limited only to subject matter that itself could be protected as IP before the termination of employment thus, ideas that are not patentable during employment are not subject to assignment under this provision, even if they are one day used as a step on the way to complete an invention.”
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