Illumina Inc. owes BGI Genomics Co., the world’s largest maker of commercial genetic sequencers, $333.8 million after a federal jury in Delaware found Friday that some of its DNA sequencing systems infringe two patents related to technology that deduces each nucleotide’s identity from two signals.
The jury, which started deliberating Thursday afternoon, also found that sequencers sold by BGI’s Complete Genomics Inc. infringe two of three Illumina patents. Still, it said all three shouldn’t have been issued in the first place, mooting any potential award, according to the verdict given in the U.S. District Court for the District of Delaware.
The trial began on April 25 and featured competing allegations that each company’s DNA sequencing systems infringe the other’s patents. Each company sought a reasonable royalty for the alleged infringement of its patents by certain features of the accused products.
Illumina previously won $8 million from BGI in a jury verdict in San Francisco and a ban on U.S. sales of some BGI products.
In the Delaware case, San Jose, California-based Complete Genomics Inc, a BGI subsidiary, had challenged Illumina’s “two-channel” sequencing systems and kits to prepare DNA fragments for sequencing violating its patent rights.
An Illumina spokesperson said the company plans to appeal and that the verdict should not affect its ability to supply its customers.
