4 unchanged sentences
In March 2021, the Company filed a complaint against Spectrum Solutions, LLC ("Spectrum") in the United States District Court for the Southern District of California alleging that certain saliva collection devices manufactured and sold by Spectrum infringe a patent held by DNAG.
−Removed: Spectrum filed an answer to the initial complaint, asserting that its device does not infringe the Company's patent and that the Company's patent is invalid.
+Added: Spectrum filed an answer asserting that its device does not infringe the Company's patent and that the Company's patent is invalid.
In August 2021, the Company amended its complaint to add a second patent to this litigation.
1 unchanged sentence
The District Court issued multiple pretrial orders, resolving the infringement, antitrust, and inequitable conduct claims without trial.
−Removed: First, the District Court granted Spectrum’s motion for summary judgment of noninfringement, holding that Spectrum’s saliva collection devices are not “kits for collecting and preserving a biological sample,” among other rulings.
+Added: First, the District Court granted Spectrum’s motion for summary judgment of noninfringement.
The Company appealed the grant of summary judgment to the Court of Appeals on June 8, 2023.
−Removed: The appeal is pending, with oral argument expected in the second half of 2024.
+Added: The Company is pursuing the appeal with respect to the first patent, with oral argument expected in the second half of 2024.
Second, the Court denied Spectrum’s motion to supplement its allegations of alleged antitrust violations, finding that if such an amendment were allowed, Spectrum’s claims would not survive a motion for summary judgment.
5 unchanged sentences
On March 27, 2024, the Company's Request for Rehearing was denied.
−Removed: The Company is considering its appellate options.
On September 15, 2023, Spectrum filed a separate petition for inter partes review of a third patent, which DNAG did not assert in the District Court.
On March 26, 2024, the PTO issued a Decision Granting Institution of Inter Partes Review and scheduled oral argument for January 14, 2025.
+Added: On July 2, 2024 the Company filed a Motion to Amend the claims of the third patent, which remains pending.
There have been no material changes to the risk factors disclosed in Item 1A, entitled “Risk Factors,” in the Company's Annual Report on Form 10-K for the year ended December 31, 2023.
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.