Item 7.01 Regulation FD Disclosure.
The Germany Action
As previously disclosed, on February 13, 2018, Bio-Rad Laboratories, Inc.
("Bio-Rad") filed suit against 10x Genomics, Inc. (the "Company") in Germany in
the Munich Region Court (the "Court") alleging that the Company's Chromium
instruments, GEM microfluidic chips and certain accessories infringe German
Utility Model No. DE 20 2011 110 979 (the "German Utility Model"). The German
Utility Model expires on November 1, 2021. Bio-Rad sought an injunction
prohibiting sales of these products in Germany, unspecified damages and a recall
of such products that were sold in Germany subsequent to February 13, 2018. An
initial hearing was held on November 28, 2018, and a subsequent hearing was held
on May 15, 2019. The Court issued a ruling on November 20, 2019. The Court ruled
that the Company's GEM microfluidic chips, as well as certain Chromium
instruments and accessories used with GEM microfluidic chips, infringed the
German Utility Model. The Court issued an injunction with respect to such GEM
microfluidic chips, Chromium instruments and accessories used with such systems,
prohibiting among other things the sale of these products in Germany and the
importation of such products into Germany. The Court found that the Company is
obligated to compensate Bio-Rad for unspecified damages and required that these
products be recalled from distribution channels in Germany. The Court further
found that the Company has to bear the statutory costs of the legal dispute in a
minimum amount of at least 61,000 Euros. The remedies, including the injunction,
will take effect once enforced upon the posting of a bond. The Court's ruling
did not address the Company's Next GEM products, which were not accused in this
action and which constitute the majority of the Company's sales in Germany.
The Company previously filed an action for cancellation of the German Utility
Model with the German Patent and Trademark Office on September 5, 2018. A
hearing in the cancellation proceedings has not been scheduled yet.
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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