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10,087,408 rejecting all of Bruker Cellular Analysis’ grounds of unpatentability and determining that none of the challenged claims are unpatentable.
−Removed: Because the three aforementioned inter partes review matters have been resolved, we intend to seek relief from the Court to lift the pending stay and resume our patent infringement action against Bruker
−Removed: Cellular Analysis.
+Added: Because the three aforementioned inter partes review matters have been resolved, we intend to seek relief from the Court to lift the pending stay and resume our patent infringement action against Bruker Cellular Analysis.
On August 4, 2023, the District Court lifted the stay in the pending matter against Bruker Cellular Analysis.
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On July 26, 2023, Bruker Cellular Analysis filed a Notice of Appeal in IPR2021-1249 matter.
+Added: The appeal filed by Bruker regarding IPR2021-1249 to the United States Court of Appeals for the Federal Circuit is pending oral argument with a date to be scheduled.
The Company believes the appeal is meritless and that the decision of the United States Patent Trial and Appeal Board will be upheld.
−Removed: Unfair Competition and Declaratory Judgment of Non-Infringement
−Removed: In August 2020, Bruker Cellular Analysis filed a complaint in the Northern District of California against us and our wholly-owned subsidiary Lineage Inc.
−Removed: The complaint includes two counts of unfair competition and one count of non-infringement of a U.S.
−Removed: 10,058,839 (the “’839 patent”).
−Removed: Bruker Cellular Analysis is seeking, among other things, damages and a declaratory judgment of non-infringement of the ’839 patent.
−Removed: 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 Bruker Cellular Analysis’ request for declaratory judgment on the ‘839 patent.
−Removed: In July 2021, Bruker Cellular Analysis voluntarily dismissed this lawsuit.
Civil Lawsuit
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The complaint seeks financial damages as well as other declarations.
−Removed: The Company recently filed a Notice of Application seeking to dismiss certain Company affiliates from the matter.
+Added: The Company filed a Notice of Application seeking to dismiss certain Company affiliates from the matter.
No hearing date has been set.
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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.