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 Company's 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 Company's 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 Company's 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 Company's 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 judge's findings that the Company's GEM
microfluidic chips directly infringe the '664, '682 and '635 patents. The ITC is
currently reviewing the judge's findings that (1) the Company indirectly
infringes the '682 and '635 patents, (2) the Company's gel bead manufacturing
microfluidic chip does not infringe certain claims in the '664 patent and
(3) the Company's Next GEM microfluidic chip does not infringe certain claims in
the '160 and '664 patents.
On December 10, 2019, the ITC issued a notice to extend the target date for
completion of its investigation until December 12, 2019. As such, a Final
Determination is now expected to be issued on or prior to December 12, 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.
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