SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Pursuant to Section 13 or 15(d)
of the Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): October 17, 2019
10x Genomics, Inc.
(Exact name of registrant as specified in its charter)
(State or other jurisdiction
6230 Stoneridge Mall Road
Pleasanton, California 94588
(Address, including zip code, and telephone number, including area code, of registrants principal executive offices)
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e- 4(c))
Securities registered pursuant to Section 12(b) of the Act:
Title of each class
Name of each exchange
on which registered
|Class A common stock, par value $0.00001 per share||TXG||The Nasdaq Stock Market LLC|
Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).
Emerging growth company ☒
If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐
Item 7.01 Regulation FD Disclosure.
The ITC 1068 Action
As previously disclosed: (a) on July 31, 2017, Bio-Rad Laboratories, Inc. (Bio-Rad) and Lawrence Livermore National Security, LLC filed a complaint against 10x Genomics, Inc. (the Company) in the U.S. International Trade Commission (ITC) pursuant to Section 337 of the Tariff Act of 1930, accusing substantially all of the Companys products of infringing U.S. Patents Nos. 9,089,844, 9,126,160, 9,500,664, 9,636,682 and 9,649,635 (the ITC 1068 Action); and (b) in September 2018, the presiding judge issued an Initial Determination (i) finding that the Companys Gel bead in Emulsion microfluidic chips (GEM microfluidic chips) infringe the 664, 682 and 635 patents but not the 160 patent, (ii) finding that the Companys gel bead manufacturing microfluidic chip and new microfluidic chip (Next GEM microfluidic chip) do not infringe any claim asserted against them, (iii) recommending entry of an exclusion order against the Companys GEM microfluidic chips and (iv) recommending a cease and desist order that would prevent the Company from selling imported GEM microfluidic chips.
The ITC is not reviewing the judges findings that the Companys GEM microfluidic chips directly infringe the 664, 682 and 635 patents. The ITC is currently reviewing the judges findings that (1) the Company indirectly infringes the 682 and 635 patents, (2) the Companys gel bead manufacturing microfluidic chip does not infringe certain claims in the 664 patent and (3) the Companys Next GEM microfluidic chip does not infringe certain claims in the 160 and 664 patents.
On October 17, 2019, the ITC issued a notice to extend the target date for completion of its investigation until November 5, 2019. As such, a Final Determination is now expected to be issued on or prior to November 5, 2019.
Channels for Disclosure of Information
Investors and others should note that the Company may announce material information to the public through filings with the Securities and Exchange Commission, the Companys website (https://www.10xGenomics.com), press releases, public conference calls, public webcasts and the Companys social media accounts (https://twitter.com/10xGenomics, https://www.facebook.com/10xGenomics/ and https://www.linkedin.com/company/10xgenomics/). The Company uses these channels to communicate with the Companys customers and the public about the Company, the Companys products, the Companys services and other matters. The Company encourages the Companys investors, the media and others to review the information disclosed through such channels as such information could be deemed to be material information. The information on such channels, including on the Companys website and the Companys social media accounts, is not incorporated by reference in this Current Report on Form 8-K and shall not be deemed to be incorporated by reference into any other filing under the Securities Act of 1933, as amended (Securities Act), or the Securities Exchange Act of 1934, as amended (the Exchange Act), except as expressly set forth by specific reference in such a filing. Please note that this list of disclosure channels may be updated from time to time.
The information furnished pursuant to Item 7.01 in this Current Report on Form 8-K shall not be deemed filed for purposes of Section 18 of the Exchange Act, or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference into any other filing under the Securities Act or the Exchange Act, except as expressly set forth by specific reference in such a filing.
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
10x Genomics, Inc.
|By:||/s/ Eric S. Whitaker|
Eric S. Whitaker
Date: October 18, 2019