Legal Proceedings.
−Removed: Legal Proceedings
From time to time, we may be subject to legal proceedings.
4 unchanged sentences
In July 2020, we filed a complaint against Berkeley Lights, in the United States District Court for the District of Delaware, alleging that Berkeley Lights infringed and continues to infringe, directly and indirectly, the following patents exclusively licensed by the Company, including U.S.
−Removed: 10,421,936 and 10,704,018, by making, using, offering for sale, selling and/or importing Berkeley Lights’ Beacon Optofluidic System.
+Added: 10,421,936 and
+Added: 10,704,018, by making, using, offering for sale, selling and/or importing Berkeley Lights’ Beacon Optofluidic System.
In August 2020, we filed an additional related complaint against Berkeley Lights in the United States District Court for the District of Delaware, alleging that Berkeley Lights infringed and continues to infringe, directly and indirectly, U.S.
6 unchanged sentences
In February 2021, these lawsuits were consolidated and assigned to the Honorable Judge Lucy Koh.
−Removed: In February 2021, Berkley Lights filed a motion seeking leave to amend its counterclaims to add the allegations of unfair competition (as plead in the case described below) against AbCellera only.
−Removed: The Company is opposing the request to amend and should the court allow the amendment, we intend to seek dismissal of the counterclaims.
+Added: In February 2021, Berk e ley Lights filed a motion seeking leave to amend its counterclaims to add the allegations of unfair competition (as plead in the case described below) against AbCellera only.
+Added: In July 2021, the Court allowed Berkeley to amend its counterclaims to add the unfair competition claims subject to our right to seek dismissal with prejudice should the counterclaims not overcome objections previously presented by us to the court.
+Added: The Company is continuing to oppose the unfounded counterclaim and we intend to seek dismissal with prejudice.
In March 2021, the court set this matter down for a jury trial with a December 12, 2022 start date.
−Removed: These lawsuits remain pending.
+Added: In July 2021, Berkeley Lights filed a Petition for Inter- Partes Review of U.S.
+Added: 10,087,408 that we exclusively license from the University of British Columbia.
+Added: In July 2021, Berkeley Lights filed a second Petition for Inter- Partes Review of U.S.
+Added: 10,421,936 that we exclusively license from the University of British Columbia.
+Added: In August 2021, Berkeley Lights filed a third Petition for Inter- Partes Review of U.S.
+Added: 10,738,270 that we exclusively license from the University of British Columbia.
+Added: In August 2021, the court stayed the patent litigation against Berkeley Lights in view of the Petitions for Inter- Partes Review filed by Berkeley Lights.
+Added: A determination on all of the Petitions for Inter- Partes Review filed by Berkeley Lights is expected no later than February 2022.
Unfair Competition and Declaratory Judgment of Non-Infringement
4 unchanged sentences
We filed a motion to dismiss the action for lack of jurisdiction and failure to state a claim upon which relief can be granted pursuant to Federal Rules of Civil Procedure 12(b) 1, 2, and 6.
−Removed: In January 2021, the Court determined that there was no jurisdiction over AbCellera or Lineage and dismissed the unfair competition claims but ordered jurisdictional discovery on a limited basis with respect to AbCellera only regarding Berkley Lights’ request for declaratory judgment on the ‘839 patent.
−Removed: The lawsuit remains pending.
+Added: In January 2021, the Court determined that there was no jurisdiction over AbCellera or Lineage and dismissed the unfair competition claims but ordered jurisdictional discovery on a limited basis with respect to AbCellera only regarding Berkeley Lights’ request for declaratory judgment on the ‘839 patent.
+Added: In July 2021, Berkeley voluntarily dismissed this lawsuit.
Post-Grant Review of a Berkeley Lights Patent
3 unchanged sentences
Sections 102 and 112.
−Removed: Berkeley Lights’ preliminary response to our Petition is due no later than May 18, 2022.
−Removed: The PTAB then has three months to decide whether to institute our Petition.
+Added: In August 2021, the PTAB declined to institute our Petition.
Mine Safety Disclosures.
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.