7 unchanged sentences
There are inherent uncertainties in these legal matters, some of which are beyond management’s control, making the ultimate outcomes difficult to predict.
−Removed: Amongst other matters, we are currently or recently have been involved in the following litigation matters and other proceedings:
−Removed: The 2021 Bio-Rad Settlement And Patent Cross License Agreement
−Removed: We and Bio-Rad Laboratories, Inc.
−Removed: (“Bio-Rad”) were previously engaged in litigation and other proceedings relating to substantially all of our Chromium products, including our legacy GEM products and Next GEM products and multiple Bio-Rad products, in multiple jurisdictions and forums around the world (the "Bio-Rad Actions").
−Removed: On July 26, 2021, we entered into a Settlement and Patent Cross License Agreement (the “Agreement”) with Bio-Rad resolving all outstanding litigation and other proceedings between the two companies across all jurisdictions around the world and dismissing all infringement claims with prejudice.
−Removed: Pursuant to the terms of the Agreement, we and Bio-Rad granted each other a non-exclusive, worldwide, royalty-bearing license to develop products and services related to single cell analysis.
−Removed: The cross license excludes spatial and In Situ products.
−Removed: It also excludes digital PCR products in our case.
−Removed: The term of the Agreement is for the life of the licensed patents.
−Removed: We and Bio-Rad have agreed not to sue each other on licensed products and licensed services on other patents owned or exclusively licensed by each company.
−Removed: The companies have agreed that each company’s patents are owned by each respective company.
−Removed: Each company shall pay to the other royalties from licensed products and licensed services through 2030.
−Removed: We previously accrued $44.8 million in royalties and interest between November 14, 2018 and March 31, 2021 related to sales of our GEM products as a result of the litigation with Bio-Rad.
−Removed: Pursuant to the Agreement, we shall pay Bio-Rad $29.4 million in royalties and interest related to the sales of such GEM products between November 14, 2018 and March 31, 2021.
−Removed: As a result, in connection with the Agreement we reversed $15.4 million in accrued royalties and interest to our financial statements in the second quarter of 2021.
−Removed: The Nanostring Action
On May 6, 2021, we filed suit against Nanostring Technologies, Inc.
5 unchanged sentences
On July 1, 2021, Nanostring filed a motion to dismiss.
−Removed: Briefing is in progress and no hearing has been scheduled.
−Removed: Discovery has not yet commenced and no case schedule has been set.
+Added: Briefing is complete and a hearing has been scheduled for November 17, 2021.
+Added: Discovery has just commenced;
+Added: no case schedule has been set.
For further discussion of the risks relating to intellectual property and our pending litigation, see the section titled “ Risk Factors—Risks related to litigation and our intellectual property ” under Item 1A below.
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.