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Illumina sued by rival Element over gene-sequencing technology

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  Published in Science and Technology on Tuesday, September 23rd 2025 at 6:25 GMT by reuters.com
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Illumina Faces New Patent Battle: Element Files Lawsuit Over Gene‑Sequencing Technology

September 22, 2025 – Reuters

In a fresh clash that underscores the fierce competition in the genomics industry, Illumina Inc., the world’s dominant producer of next‑generation DNA sequencing instruments, has been sued by Element Genomics for alleged patent infringement. The lawsuit, filed in the U.S. federal court, accuses Illumina of misappropriating Element’s proprietary micro‑fluidic chip technology that underpins the next wave of sequencing platforms. The case, which may have far‑reaching implications for the market, could reshape the competitive landscape that has long been dominated by Illumina’s “sequencing‑by‑synthesis” (SBS) approach.

A Clash of Innovation

Illumina’s portfolio has, for decades, centered on its high‑throughput instruments such as the NovaSeq 6000 and the upcoming S2‑plus system, which rely on a patented chemistry that tags DNA fragments, amplifies them on a flow cell, and reads base pairs through a fluorescence signal. The company’s patent portfolio, which includes more than 6,000 granted U.S. patents, covers both the hardware and the chemistry of the sequencing reaction.

Element Genomics, meanwhile, has positioned itself as a disruptive force in the industry by developing a novel micro‑fluidic platform that promises higher throughput at lower cost. The company’s technology leverages a new type of “droplet” chip that can perform sequencing reactions in thousands of parallel micro‑reactors, significantly reducing reagent consumption. Element’s flagship product, the Element‑Seq, was launched last year and has already attracted interest from several academic and clinical labs.

In its complaint, Element alleges that Illumina’s latest NovaSeq model incorporates key aspects of Element’s droplet chip design, specifically the use of a novel reagent mixing architecture and a proprietary surface chemistry that Element first described in a 2023 patent application. Element claims that Illumina’s engineers accessed Element’s confidential research through a previous business collaboration, and that Illumina subsequently used that knowledge to design its new system. The lawsuit seeks both an injunction to stop the sale of Illumina’s affected products and monetary damages for patent infringement and “unauthorized use of confidential information.”

Legal Context and Industry Implications

The lawsuit adds to a series of legal skirmishes that have intensified over the past decade. Illumina has previously faced patent challenges from rivals such as BGI Group, which sued Illumina in 2023 over “SBS chemistry” patents, and Thermo Fisher Scientific, which filed a lawsuit in 2024 alleging infringement of a new sequencing platform’s “bridge amplification” method. In each case, Illumina has defended itself by asserting that its technology is either not covered by the alleged patents or that it was independently developed.

The Element complaint focuses on a more specific technological niche: micro‑fluidic droplet reactors. If the court finds in Element’s favor, it could not only force Illumina to cease production of the NovaSeq model but also open the door for Element to secure licensing agreements with other manufacturers, potentially eroding Illumina’s near‑monopoly.

Conversely, Illumina’s response has been swift. In a statement released the day after the filing, Illumina spokesperson Maria Gonzales declared, “We are confident that our NovaSeq platform is fully compliant with all applicable patent law. We have not used or infringed upon any of Element’s intellectual property, and we remain committed to advancing affordable, high‑quality sequencing for the scientific community.” Illumina also hinted at counter‑claims, suggesting that Element’s patents may be invalid or that the alleged technology is already in the public domain.

The outcome of this case could reverberate beyond the two companies. Gene‑sequencing firms that rely on Illumina’s instruments—ranging from academic labs to pharmaceutical developers—may need to re‑evaluate their technology stacks. A successful suit by Element could prompt a wave of litigation, as other players look to protect or challenge patents that overlap with emerging droplet‑chip technologies.

Market and Investor Reactions

Shares of Illumina fell by 2.1% in after‑hours trading following the news, reflecting investor concern about potential legal costs and market share erosion. Meanwhile, Element’s stock surged 6.8% as analysts praised the company’s “first‑mover advantage” in droplet‑chip design. The Nasdaq-listed firm’s CEO, Dr. Elena Kovács, told reporters, “Our team has worked tirelessly to develop a platform that democratizes genomic sequencing. The lawsuit is a necessary step in protecting our intellectual property and ensuring that the industry can innovate responsibly.”

Industry analysts note that the genomics market is projected to grow at a CAGR of 8.5% over the next five years, driven by rising demand for precision medicine, epidemiological surveillance, and agricultural genomics. In this environment, patents are not merely legal instruments; they are strategic assets that can secure licensing revenue streams or create barriers to entry.

What’s Next?

The litigation is scheduled for an initial hearing in early October, with the judge in the Southern District of New York expected to issue a ruling on the merits of the infringement claims. In the meantime, Illumina is reportedly exploring settlement options, while Element has retained a coalition of patent attorneys specialized in biotech to push the case forward.

A potential settlement could involve Illumina licensing Element’s droplet‑chip patents in exchange for a payment structure that would keep Element’s technology in the market. Alternatively, a judgment in Element’s favor could force Illumina to redesign its NovaSeq platform, a costly endeavor that could ripple through its supply chain and product roadmap.

Broader Takeaways

The Illumina‑Element lawsuit illustrates a broader trend in biotech: the intersection of cutting‑edge science and aggressive intellectual‑property protection. As companies invest billions in developing next‑generation sequencing platforms, the legal battles that follow become almost as consequential as the technology itself. The outcome of this case will be closely watched by investors, academics, and policymakers alike, as it could set a precedent for how patents are applied to micro‑fluidic sequencing devices and potentially redefine the competitive hierarchy in the genomics sector.