27 unchanged sentences
We plan to vigorously defend against the remaining claims.
−Removed: Fiscal 2024 Form 10-K
−Removed: On December 14, 2022, Take2 Technologies, Ltd.
−Removed: (“Take2”) and the Chinese University of Hong Kong (“CUHK”) filed a complaint in the U.S.
−Removed: District Court for Delaware against us alleging infringement of U.S.
−Removed: 11,091,794 (the “’794 Patent”) (C.A.
−Removed: 22- cv-01595) (the “Take2 District Court matter”) .
−Removed: The complaint alleges that our Sequel II systems, Sequel IIe systems, and Revio systems that operate version 11.0 or later of the SMRT Link software, infringe the ‘794 Patent.
−Removed: The complaint seeks unspecified monetary damages and an order enjoining us from infringing the ’794 Patent.
−Removed: We filed a motion to dismiss on February 14, 2023 , which was denied on March 25, 2024 .
−Removed: We also filed a motion to transfer the case from the District of Delaware to the Northern District of California which was granted on August 2, 2023 .
−Removed: The case was transferred on August 16, 2023 (C.A.
−Removed: 5:23-cv-04166).
−Removed: Take2 filed a motion to disqualify our in-house legal department from representing PacBio in the district court action on September 20, 2023.
−Removed: We opposed Take2’s disqualification motion on October 4, 2023.
−Removed: An oral hearing on the disqualification motion was held on October 26, 2023 and the court issued orders on November 6 and December 4 of 2023 partially granting the motion.
−Removed: While some members of the in-house legal department were disqualified, General Counsel for PacBio was not disqualified and continues to represent PacBio in the Take2 District Court matter.
−Removed: We filed a petition for inter partes review at the Board ( IPR2024-00028) challenging the validity of all claims of the ’794 patent on October 17, 2023.
−Removed: The CUHK filed a preliminary response to the petition on January 26, 2024.
−Removed: On April 22, 2024, we filed our answer to the complaint, denying infringement and seeking declaratory judgments of non-infringement and invalidity of the ‘794 Patent.
−Removed: On April 24, 2024, the Board granted institution of IPR2024-00028 on the validity of all claims of the ’794 patent.
−Removed: On May 2, 2024, the parties filed a joint stipulation and proposed order to stay the Take2 District Court matter pending inter partes review.
−Removed: On May 3, 2024, the Court granted the motion to stay, and the case currently remains stayed.
−Removed: Briefing is complete in IPR2024-00028 and an oral hearing took place on January 23, 2025.
−Removed: The Board is scheduled to issue a final decision on or before April 24, 2025 that addresses the validity of all claims of the ’794 patent.
−Removed: On March 7, 2025, we entered into a purchase agreement with CUHK to purchase the ‘794 patent.
−Removed: In connection with our purchase of the ‘794 Patent, each of Take2 and CUHK, on the one hand, and PacBio, on the other hand, agreed to waive and seek the discharge of all outstanding litigation claims and patent-related challenges, including with respect to the Take2 District Court matter and IPR2024-00028.
−Removed: The agreement to discharge the litigation claims and the patent challenge remains subject to approval by the Northern District of California and the Board, respectively.
−Removed: Proceedings in China
−Removed: On May 12, 2020, PGI filed a complaint in the Wuhan Intermediate People’s Court in China alleging infringement of one or more claims of China patent No.
−Removed: CN101743321B (the “CN321 Patent”), which is related to the ‘441 Patent.
−Removed: On November 23, 2020, we filed an Invalidation Petition at the China National Intellectual Property Administration ("CNIPA") demonstrating the invalidity of the claims in the CN321 Patent on grounds of insufficient disclosure, and the lack of support, essential technical features, clarity, novelty, and inventiveness.
−Removed: A hearing in the invalidation proceeding at the CNIPA was held on April 29, 2021.
−Removed: On September 2, 2021, the CNIPA issued its decision on the Invalidation Petition and determined that all claims (1-61) of the CN321 patent were invalid.
−Removed: On December 1, 2021, PGI filed an appeal with the Beijing IP Court, contesting the CNIPA decision.
−Removed: We filed a petition with the Wuhan Intermediate People’s court requesting dismissal of the infringement action based on the CNIPA invalidation decision, and PGI filed a petition to withdraw its complaint.
−Removed: The Wuhan Intermediate People’s court granted PGI’s petition and dismissed the infringement action in May 2022.
Other Proceedings
5 unchanged sentences
Regardless of the outcome, litigation can have an adverse impact on us because of litigation and settlement costs, diversion of management resources, and other factors.
−Removed: Fiscal 2024 Form 10-K
MINE SAFETY DISCLOSURES
2 unchanged sentences
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.