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Regulation FD Disclosure
Today, September 10, 2021, Pacific Biosciences of California, Inc. (the “Company”) announced an update on certain legal proceedings in China. On May 12, 2020, Personal Genomics of Taiwan, Inc. (“PGI”) filed a complaint in the Wuhan Intermediate People’s Court in China alleging infringement by the Company of China patent No. CN101743321B (the “CN321 Patent”). The Company was served on January 20, 2021. On November 23, 2020, the Company filed an Invalidation Petition at the China National Intellectual Property Administration (“CNIPA”) demonstrating the invalidity of the claims in the CN321 Patent on grounds of insufficient disclosure, and the lack of support, essential technical features, clarity, novelty, and inventiveness. A hearing in the invalidation proceeding at the CNIPA was held on April 29, 2021. On September 2, 2021, the CNIPA issued its decision on the Invalidation Petition and determined that all claims (1-61) of the CN321 patent were invalid. The Company has filed a petition with the Wuhan Intermediate People’s court requesting dismissal of the infringement action, which the Company anticipates will be granted.
The information in this Item 7.01 of Form 8-K is being furnished and shall not be deemed filed for purposes of Section 18 of the Exchange Act of 1934, as amended (the “Exchange Act”), nor will it be incorporated by reference in any filing under the Securities Act of 1933 or the Exchange Act, except as expressly set forth by specific reference in such 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.
Pacific Biosciences of California, Inc.
General Counsel and Corporate Secretary
Date: September 10, 2021