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ARTICLE · 09 JUNE 2021

Will The Real Inventor(s) Please Stand Up

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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Finnegan, Henderson, Farabow, Garrett & Dunner LLP

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In Bio-Rad Labs., Inc. v. ITC, a Federal Circuit panel affirmed the U.S. International Trade Commission's (ITC) finding that Bio-Rad infringed patents...

United StatesIntellectual Property
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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Holding

In Bio-Rad Labs., Inc. v. ITC, a Federal Circuit panel affirmed the U.S. International Trade Commission's (ITC) finding that Bio-Rad infringed patents, directed to gene sequencing technology, owned by 10X Genomics Inc. In affirming the ITC, the panel, inter alia, rejected Bio-Rad's defense that it co-owned the asserted patents based on assignment provisions that two named inventors signed while employees of Bio-Rad and its predecessor, QuantaLife, even though the claimed inventions were not made until after that employment.  

Background

In 2010, the two named inventors, Drs. Benjamin Hindson and Serge Saxonov, worked for QuantaLife, founded by Dr. Hindson. While there, they each signed an agreement to “ disclose promptly to the Company the full details of any and all ideas … that Employee conceives, develops or creates alone or with the aid of others during the term of Employee's employment with the Company” and “(b) Employee shall assign to the

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