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Illumina Wins Patent Infringement Suit against BGI in the UK

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Illumina (NASDAQ: ILMN) announced a favorable judgment from the High Court of Justice in a patent infringement case against BGI Companies, including MGI Tech. The Court affirmed the validity of four out of five asserted patents, confirming that BGI’s StandardMPS and CoolMPS systems infringe Illumina’s proprietary technologies. A preliminary injunction was issued against BGI in the UK, and Illumina plans to seek a permanent injunction to prevent BGI from selling the infringing products. Similar injunctions were previously issued in other countries against BGI.

Positive
  • Court ruling confirms validity of four patents, strengthening Illumina's IP position.
  • Preliminary injunction restricts BGI's operations in the UK, protecting Illumina's market.
Negative
  • None.

Illumina, Inc. (NASDAQ: ILMN) today announced that the High Court of Justice, Chancery Division, Patents Court, issued a judgment in its favor in the patent infringement suit filed against the BGI Companies, MGI Tech Co. Ltd; Latvia MGI SIA; MGI International Sales Co., Ltd; and BGI Complete Genomics Hong Kong Co., Ltd.

The Court found that four of the five asserted patents were valid and infringed by BGI. The Court ruled that BGI’s StandardMPS and CoolMPS systems infringe EP 1 530 537 B1, EP 3 002 289 B1, and EP 3 587 433 B1, and that StandardMPS also infringes EP 2 021 415 B1. These patents cover different aspects of Illumina’s proprietary sequencing-by-synthesis chemistry, including its azidomethyl reversible terminator and labelled nucleotides.

The Court had previously issued a preliminary injunction against BGI’s UK-based sequencing laboratory and restricted BGI’s ability to supply the infringing sequencing systems in the UK. Illumina intends to seek a permanent injunction fully prohibiting the supply or sale of BGI’s StandardMPS and CoolMPS systems in the UK until the relevant patents expire.

“We are pleased with the Court’s decision. This adds to the growing list of courts around the world finding that BGI has misappropriated Illumina’s proprietary, groundbreaking technology,” said Charles Dadswell, SVP and General Counsel for Illumina. “We will continue to vigorously protect our intellectual property from BGI’s willful infringement.”

Courts in the US, Germany, Spain, Finland and Sweden have issued injunctions against BGI. Additional lawsuits are pending in Hong Kong S.A.R., France, Belgium, Denmark, Switzerland, Turkey and Italy.

About Illumina

Illumina is improving human health by unlocking the power of the genome. Our focus on innovation has established us as the global leader in DNA sequencing and array-based technologies, serving customers in the research, clinical and applied markets. Our products are used for applications in the life sciences, oncology, reproductive health, agriculture and other emerging segments. To learn more, visit www.illumina.com and connect with us on Twitter, Facebook, LinkedIn, Instagram, and YouTube.

FAQ

What did Illumina's recent court ruling confirm regarding BGI?

The court confirmed that four out of five asserted patents were valid and infringed by BGI's systems.

What is the impact of the High Court's ruling on BGI's operations?

The ruling includes a preliminary injunction against BGI's ability to supply infringing systems in the UK.

What patents were found to be infringed by BGI?

BGI's systems infringe EP 1 530 537 B1, EP 3 002 289 B1, EP 3 587 433 B1, and EP 2 021 415 B1.

What actions does Illumina plan to take following the court ruling?

Illumina intends to seek a permanent injunction against BGI to prevent the sale of infringing products in the UK.

In which countries has Illumina obtained injunctions against BGI?

Injunctions have been issued in the US, Germany, Spain, Finland, Sweden, and additional lawsuits are pending in several other countries.

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