Jury Orders Illumina to Pay $96 Million in Damages
Syntrix is a drug and technology development company. The patent was issued in 2010 and, according to Illumina, expires in 2019. A provisional patent was filed in 1998 by Syntrix founder John A. Zebala, MD, PhD, who shared the technology with Illumina in 2000 under a nondisclosure agreement, according to Syntrix’s initial complaint. The complaint also stated that in 2008 Illumina filed a re-examination petition with the US Patent Office (USPO) regarding the patent. In 2010, the USPO confirmed patentability with the addition of two amendments. The Seattle Times reported that the trial lasted 11 days.
San Diego, CA 3/14/13; Tacoma, WA 3/14/12—A jury in the US District Court for the Western District of Washington at Tacoma has found that Illumina’s BeadChip array product infringes Syntrix Biosystems’ US Patent No. 6,951,682, entitled “Porous coatings bearing ligand arrays and use thereof” (see IBO 4/30/11). The jury ordered Illumina to pay Syntrix $96 million in damages based on a reasonable royalty rate of 6% for BeadChip products sold between October 2005 and May 2012. The jury found Illumina guilty of direct infringement, active inducement and contributory infringement. Illumina stated that the court dismissed claims of willful infringement and misappropriated trade secrets. “We strongly disagree with this verdict and plan to appeal the present finding of infringement,” stated Illumina President and CEO Jay Flatley. “In the meantime, we will continue to sell the products that are the subject of this suit and no damages will be payable to Syntrix until all appropriate appeals have been taken, which may take a number of years.” Illumina stated that it plans to file post-trial motions to vacate the jury’s finding and rule as a matter of law that the BeadChip does not infringe the patent. Syntrix did not issue a statement.
