10x settles with Curio, immediately goes on to sue Element Biosciences over next-generation sequencing patents

Context:

• 10x Genomics has been taking a strong stance on its patent portfolio against other companies in the next-generation sequencing arena. In a preliminary injunction decision by the Unified Patent Court’s (UPC) Dusseldorf Local Division (LD) last year, Curio Biosciences was found to have infringed. In the main proceedings, the UPC Dusseldorf LD affirmed the decision.
• Last year, 10x (along with co-plaintiffs Roche and Prognosys) also sued Illumina over gene sequencing patents (October 23, 2025 ip fray article). Previously, 10x and Bruker (NanoString) ended their global patent dispute (May 14, 2025 ip fray article). That settlement came at a price tag: Bruker agreed to pay 10x Genomics $68 million in installments plus ongoing royalties, following a $31 million jury verdict that 10x had already secured in Delaware.

What’s new:

• On Friday (May 8, 2026), the United States District Court for the District of Delaware granted a stipulation to stay a 10x Genomics v. Curio case shortly before it would have gone to trial. The parties are in the process of settling their dispute.
• On the same day, 10x Genomics sued Element Biosciences for patent infringement in the District of Delaware, alleging the company infringed four of its U.S. patents for next-generation sequencing technology. The complaint targets Element’s AVITI24 platform and related technologies.

Direct impact: 10x continues to pursue its patent enforcement against rivals in the U.S. and Europe. The Curio settlement, which appears to be a done deal except for some details left to be sorted out, removes one defendant from the board, freeing up resources to focus on Element. The latter has publicly stated (May 2026 press release) that it “strongly disagrees” with the allegations and believes the lawsuit reflects a “broader pattern of using the same patent portfolio to stifle innovations across the industry”.

Wider ramifications: Given 10x’s history of parallel U.S. and UPC enforcement, it’s reasonable to assume Element has been or will soon be sued in the UPC as well, although no filing has yet been publicly confirmed. The next-generation sequencing space is still a very litigious space with 10x, Illumina, Roche, and now Element all embroiled in several patent disputes across different jurisdictions. Element’s public response suggests it is willing to fight rather than settle early, which indicates a potentially protracted dispute.