NEW YORK – A federal jury on Friday ruled that Qiagen willfully infringed two patents owned by ArcherDx (now part of Invitae) and Massachusetts General Hospital and ruled that Qiagen must pay royalties and lost profits totaling about $4.7 million.
In a ruling handed down by the US District Court for the District of Delaware, the jury found that Qiagen infringed US Patent Nos. 10,017,810 ("Methods for determining a nucleotide sequence contiguous to a known target nucleotide sequence") and 10,450,597 ("Methods of preparing nucleic acids for sequencing"), both of which underlie ArcherDx's anchored multiplex PCR (AMP) technology, which is used in multiple applications, particularly for detecting gene fusions in cancer molecular diagnostics.
The jury found that a handful of Qiagen products infringe on the patents, including its QiaSeq Targeted RNAscan Panels, QiaSeq Immune Repertoire RNA Library Kits, and GeneRead QiaAct RNA Panels.
ArcherDx was formerly a part of Qiagen but spun out as an independent company after Qiagen acquired Enzymatics in 2015. In 2018, ArcherDx and MGH sued Qiagen for patent infringement. An amended complaint filed in 2019 also claimed that Qiagen misappropriated trade secrets, engaged in false advertising, and breached its fiduciary duty.
Genetic testing company Invitae acquired ArcherDx last year in an approximately $1.4 billion merger agreement.
In a statement provided on Monday, ArcherDx said that it is "pleased that the jury recognized the innovation of our AMP technology as claimed in the Archer/MGH patents. More importantly, regardless of the outcome of this trial, we are focused on delivering the very best diagnostic information to researchers and clinicians as they work to cure cancer and other conditions driven by genetics and addressed by molecular medicine."
A Qiagen spokesperson noted in an email that "we respect the jury's views, but we continue to have strong confidence in our product portfolio based on the very unique and distinguished nature of our technology, and intend to appeal. This verdict has no impact on our outlook for 2021."