Munich Regional Court finds Illumina infringes Element sequencing intellectual property, enjoins supply of Illumina systems and related consumables, and orders recall of affected devices
Element Biosciences, Inc. today announced that the Regional Court of Munich I (Landgericht München I) has ruled that Illumina, Inc. and its German subsidiary, Illumina GmbH, infringe patent rights controlled by Element covering an imaging method used in DNA sequencing.
The court found Illumina liable for both direct infringement, through Illumina's own use of the patented method in Germany, and indirect infringement, through the offer and supply of sequencing systems and associated reagent kits, flow cells, and reagent cartridges suited for use with that method. The judgment includes the MiSeq and MiSeqDx, as well as any other Illumina imaging system that functions as described by the court in its holding. Illumina is enjoined from offering or supplying any infringing systems and consumables in Germany.
Recall of Affected Products
The court further ordered Illumina to recall infringing systems and reagent kits from commercial customers for products put into circulation since March 31, 2023, refunding customers and bearing the associated return costs.
Damages and Accounting
The court declared Illumina, Inc. and Illumina GmbH jointly and severally liable for damages. Illumina was further ordered to render a full account of its infringing activity, including quantities, customers, prices, advertising, and profits, and to bear the costs of the litigation.
Enforcement
The judgment is provisionally enforceable once Element posts the security set by the court. Element expects to post the required security soon. As a first-instance decision, Illumina retains the right to appeal.
Element continues to pursue infringement claims against Illumina in the U.S. District Court for the District of Delaware, asserting five patents from the same family at issue in Germany (U.S. Patent Nos. 8,612,161, 9,605,301, 9,909,174, 11,001,887, and 12,656,313), as well as antitrust claims pending in the U.S. District Court for the Northern District of California.
About Element Biosciences, Inc.
Element Biosciences is pioneering the technologies that enable a deeper understanding of life. Our platforms capture biology in its full dimensionality-spanning genetic, molecular, and cellular insights-to unlock richer data and drive scientific breakthroughs. From foundational research to the discoveries that help shape diagnostic and therapeutic development, Element empowers scientists to advance the frontiers of biology and impact every corner of human health. To learn more about Element, please visit www.elementbiosciences.com and follow us on LinkedIn, X (Twitter), and Facebook.
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