Item 7.01 Regulation FD Disclosure.
The ITC 1068 Action
As previously disclosed: (a) on
July 31, 2017, Bio-Rad Laboratories, Inc. (Bio-Rad) and Lawrence Livermore National Security, LLC filed a complaint against 10x Genomics, Inc. (the
Company) in the U.S. International Trade Commission (ITC) pursuant to Section 337 of the Tariff Act of 1930, accusing substantially all of the Companys products of infringing U.S. Patents Nos. 9,089,844, 9,126,160,
9,500,664, 9,636,682 and 9,649,635 (the ITC 1068 Action); and (b) in September 2018, the presiding judge issued an Initial Determination (i) finding that the Companys Gel bead in Emulsion microfluidic chips (GEM
microfluidic chips) infringe the 664, 682 and 635 patents but not the 160 patent, (ii) finding that the Companys gel bead manufacturing microfluidic chip and new microfluidic chip (Next GEM microfluidic
chip) do not infringe any claim asserted against them, (iii) recommending entry of an exclusion order against the Companys GEM microfluidic chips and (iv) recommending a cease and desist order that would prevent the Company
from selling imported GEM microfluidic chips.
The ITC is not reviewing the judges findings that the Companys GEM microfluidic chips directly
infringe the 664, 682 and 635 patents. The ITC is currently reviewing the judges findings that (1) the Company indirectly infringes the 682 and 635 patents, (2) the Companys gel bead manufacturing
microfluidic chip does not infringe certain claims in the 664 patent and (3) the Companys Next GEM microfluidic chip does not infringe certain claims in the 160 and 664 patents.
On December 12, 2019, the ITC issued a notice to extend the target date for completion of its investigation until December 18, 2019. As such, a
Final Determination is now expected to be issued on or prior to December 18, 2019.
The information furnished pursuant to Item 7.01 in this Current Report on Form 8-K shall not be deemed filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the Exchange Act), or otherwise
subject to the liabilities of that section, nor shall it be deemed incorporated by reference into any other filing under the Securities Act of 1933, as amended, or the Exchange Act, except as expressly set forth by specific reference in such a
filing.