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10x said Curio's Seeker Kits infringe patents
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10x won $31 million from rival NanoString last month in
related
case
By Blake Brittain
Dec 4 (Reuters) - Biotech company 10x Genomics TXG.O
has sued competitor Curio Bioscience in Delaware federal court
over allegations that Curio infringed its patents related to
genetic analysis, adding to a web of patent disputes over
genomics technology.
10x said in a complaint made public on Monday that Curio's
Seeker Kits violate its rights in technology for using barcode
sequences to track and analyze genes from tissue samples.
Representatives for Curio did not immediately respond to a
request for comment on the lawsuit.
"For more than a year, we've tried to address our
intellectual property concerns directly with Curio, without so
much as a response," 10x's chief legal officer Eric Whitaker
said on Monday.
Curio launched its Seeker Kits, its first gene-sequencing
products, in February. The company said in a press release that
the kits, which allow researchers to map RNA molecules in tissue
samples, would unlock "new avenues for basic scientific
discovery."
10x's lawsuit said that Palo Alto, California-based Curio's
kits infringe patents related to its Visium platform, which uses
similar "spatial transcriptomics" technology to map genes within
tissue samples.
"For instance, in the context of cancer tumors,
understanding the arrangement of cells within the tumor allows
researchers to interrogate how various cellular structures
contribute to tumor development, progression, and metastasis,"
10x said.
10x said that it licenses the patents from San Diego-based
Prognosys Biosciences, which is also a plaintiff in the case.
They asked the court for an unspecified amount of monetary
damages and court orders blocking Curio's alleged infringement.
Pleasanton, California-based 10x and Prognosys won a $31
million jury verdict against competitor NanoString Technologies
NSTG.O last month for infringing related patents.
The case is 10x Genomics Inc v. Curio Bioscience Inc, U.S.
District Court for the District of Delaware, No. 1:23-cv-01375.
For 10x: Matthew Powers, Paul Ehrlich, Stefani Smith and
Robert Gerrity of Tensegrity Law Group
For Curio: attorney information not yet available
(Reporting by Blake Brittain in Washington)
((blake.brittain@tr.com; +1 (202) 938-5713;))