Jul 29, 2023

PhenomeX Announces Lifting of the Stay in AbCellera Patent Infringement Case

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07 Aug, 2023, 08:11 ET

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PhenomeX stands behind its ground-breaking Beacon® technology that advances human health globally; remains confident it will prove its case in court

EMERYVILLE, Calif., Aug. 7, 2023 /PRNewswire/ -- PhenomeX Inc. (Nasdaq: CELL), the functional cell biology company, today announced that the series of lawsuits filed by AbCellera in 2020 will now proceed in litigation. AbCellera contends that PhenomeX's Beacon® platform infringes certain U.S. patents claiming methods of cell culture and analysis developed on microfluidic chips featuring microwells and pressurized valves—neither of which are found in PhenomeX's OptoSelect® chips. PhenomeX's Beacon platform is protected by a growing portfolio of over 500 patents and has been featured in a number of groundbreaking studies, including a study on SARS-CoV-2 research recently published in Cell Reports about the Omicron variant. PhenomeX is confident it will prevail in this litigation and continue its mission to develop and deliver critical cell biology research solutions to its customers.

"We are confident that we will demonstrate in court the uniqueness of our patented technology and the value it brings to functional cell biology research and the advancement of human health," said Dr. Siddhartha Kadia, chief executive officer of PhenomeX. "We believe that AbCellera's claims are without merit and remain steadfast in our commitment to advancing functional cell biology through our innovative and proven technology."

The Beacon platform's features are unique amongst single-cell screening technologies. The Beacon system allows multi-parameter, selective movement of single cells into nanoliter-sized NanoPen® chambers for further analysis, loading single-cells into more than 70% of the NanoPen chambers on the chip, up to 12-16 assays to be run on the same set of cells in a single day, and selective export of live cells. No other microfluidic platform on the market approaches these capabilities.

The litigation has resumed, as expected, following resolution of an administrative proceeding on the validity of AbCellera's U.S. Patent No. 10,087,408 over certain earlier patents and publications. That administrative proceeding is now on appeal.

About PhenomeX Inc.

PhenomeX is empowering scientists to leverage the full potential of each cell and drive the next era of functional cell biology that will advance human health. We enable scientists to reveal the most complete insights on cell function and obtain a full view of the behavior of each cell. Our unique suite of proven high-throughput tools and services offer unparalleled resolution and speed, accelerating the insights that are key to advancing discoveries that can profoundly improve the prevention and treatment of disease. Our award-winning platforms are used by researchers across the globe, including those at the top 15 global pharmaceutical companies and approximately 85% of leading U.S. comprehensive cancer centers.

Forward-Looking Statements

To the extent that statements contained in this press release are not descriptions of historical facts regarding PhenomeX or its products, they are forward-looking statements reflecting the current beliefs and expectations of management. Such forward-looking statements involve substantial known and unknown risks and uncertainties that relate to future events, and actual results and product performance could differ significantly from those expressed or implied by the forward-looking statements. PhenomeX undertakes no obligation to update or revise any forward-looking statements. For a further description of the risks and uncertainties relating to the Company's growth and continual evolution see the statements in the "Risk Factors" sections, and elsewhere, in our filings with the U.S. Securities and Exchange Commission.