Statement on Jury Verdict in Delaware Trial Against Oxford Nanopore Technologies
March 18 2020 - 1:52PM
Pacific Biosciences of California, Inc. (Nasdaq:PACB), a leading
provider of high-quality sequencing of genomes, transcriptomes and
epigenomes, announced that the jury verdict in the U.S. District
Court for the District of Delaware was not overall favorable for
Pacific Biosciences, but mixed in terms of its findings.
Although the jury sided with Pacific Biosciences in finding
Oxford Nanopore Technologies Ltd. and its U.S. subsidiary Oxford
Nanopore Technologies, Inc. guilty of infringing three of Pacific
Biosciences’ patents, U.S. Patent Nos. 9,678,056 (the “’056
Patent”), 9,546,400, and 9,772,323, the jury declined to find these
patents valid based on enablement and, in the case of claim one of
the ’056 Patent, written description and indefiniteness. The jury
declined to find valid or infringed U.S. Patent No. 9,738,929, also
asserted by Pacific Biosciences in the actions.
“We are disappointed with today’s verdict, which appears to be
internally inconsistent regarding the validity of our patents,”
said Dr. Michael W. Hunkapiller, President and Chief Executive
Officer of Pacific Biosciences. “We were especially dismayed at
ONT’s brazen attempts during trial, in direct violation of the
Court’s orders, to improperly sway the jury with references to
previous legal proceedings between the parties involving different
patents and legal questions, and to profit from the current
coronavirus pandemic by incorrectly suggesting that if the jury
voted in favor of Pacific Biosciences it would be impeding critical
efforts to combat the COVID-19 outbreak.”
Pacific Biosciences intends to file post-trial motions with the
District Court, seeking to overturn these aspects of the jury
verdict and also requesting a new trial if warranted. In addition,
if necessary, the company plans to appeal to the U.S. Court of
Appeals for the Federal Circuit.
“We continue to believe that all of our asserted U.S. patent
claims are valid and infringed by ONT, and we believe the law and
the facts support our positions,” continued Dr. Hunkapiller.
“Pacific Biosciences remains firm in its resolve to protect its
investment and leadership position in the field it has created, and
we look forward to the next steps in our litigation against
ONT.”
The jury’s verdict has no effect on the previous settlement
between the parties, under which ONT has agreed to refrain from
offering “2D” sequencing products in the United Kingdom and Germany
through 2023. The company’s settlement agreement with ONT and other
parties remains in effect notwithstanding the outcome of the U.S.
District Court litigation or other legal proceedings between the
parties in the U.S. or Europe.
About Pacific Biosciences
Pacific Biosciences of California, Inc. (NASDAQ:PACB)
offers sequencing systems to help scientists resolve genetically
complex problems. Based on its novel Single Molecule, Real-Time
(SMRT®) technology, Pacific Biosciences’ products enable: de
novo genome assembly to finish genomes in order to more fully
identify, annotate and decipher genomic structures; full-length
transcript analysis to improve annotations in reference genomes,
characterize alternatively spliced isoforms in important gene
families, and find novel genes; targeted sequencing to more
comprehensively characterize genetic variations; and real-time
kinetic information for epigenome characterization. Pacific
Biosciences’ technology provides high accuracy, ultra-long reads,
uniform coverage, and the ability to simultaneously detect
epigenetic changes. PacBio® sequencing systems, including
consumables and software, provide a simple, fast, end-to-end
workflow for SMRT Sequencing. More information is
available at www.pacb.com.
Forward-Looking Statements
All statements in this press release that are not historical are
forward-looking statements, including, among other things,
statements relating to availability, uses, accuracy, quality or
performance of, or benefits of using, products or technologies, the
suitability or utility of methods, products or technologies for
particular applications or projects, the results or ultimate
outcome of legal proceedings and other future events. You should
not place undue reliance on forward-looking statements because they
involve known and unknown risks, uncertainties, changes in
circumstances and other factors that are, in some cases, beyond
Pacific Biosciences’ control and could cause actual results to
differ materially from the information expressed or implied by
forward-looking statements made in this press release. Factors that
could materially affect actual results can be found in Pacific
Biosciences’ most recent filings with the Securities and
Exchange Commission, including Pacific Biosciences’ most recent
reports on Forms 8-K, 10-K and 10-Q, and include those listed under
the caption “Risk Factors.” Pacific Biosciences undertakes no
obligation to revise or update information in this press release to
reflect events or circumstances in the future, even if new
information becomes available.
Contacts
Media: Nicole Litchfield415.793.6468
nicole@bioscribe.com
Investors:Trevin Rard650.521.8450 ir@pacificbiosciences.com
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