10x Genomics Sues Element Biosciences for NGS Patent Infringement, Settles Parallel Curio Case

10x Genomics, Inc. filed a patent infringement complaint against Element Biosciences, Inc. in the U.S. District Court for the District of Delaware on May 8, 2026 (Case No. 1:26-cv-00538), asserting four U.S. patents covering next-generation sequencing technology. The same day, the district court granted a stipulation to stay 10x Genomics’ parallel litigation against Curio Biosciences shortly before trial, signaling that the two parties are wrapping up a settlement. The result shifts the focus of 10x Genomics’ aggressive enforcement campaign squarely onto Element Biosciences.

The new complaint targets Element Biosciences’ AVITI24 multiomic analysis platform and related technologies. 10x Genomics asserts four U.S. patents covering spatial biology and sequencing technologies that the company licenses from Harvard University. The plaintiff is represented by Frederick L. Cottrell, III and his colleagues at Richards, Layton & Finger, together with Matthew Powers and a team from Tensegrity Law Group LLP.

In a press release, Element Biosciences stated that it “strongly disagrees” with the allegations and that the lawsuit reflects “a broader pattern of using the same patent portfolio to stifle innovations across the industry.” The statement suggests Element intends to fight rather than seek an early settlement.

Settlement with Curio Biosciences

On the same day the Element complaint was filed, the District of Delaware granted a stipulation to stay 10x Genomics v. Curio Biosciences, which had been scheduled to go to trial in short order. The exact settlement terms have not been disclosed, but the parties indicated that they are finalizing the agreement and that the trial is now off the calendar.

10x Genomics had pursued Curio Biosciences in parallel U.S. and Unified Patent Court (UPC) proceedings. In 2025, the UPC’s Dusseldorf Local Division granted a preliminary injunction against Curio and subsequently confirmed infringement in the main proceedings. The U.S. settlement most likely follows that adverse European judgment.

A pattern of enforcement actions

10x Genomics has been one of the most active patent enforcers in next-generation sequencing and spatial biology in recent years. In October 2025, the company — alongside co-plaintiffs Roche and Prognosys — sued Illumina in both U.S. and European venues over sequencing patents. Earlier in May 2025, 10x Genomics resolved a global patent dispute with Bruker (the parent of NanoString) on terms requiring Bruker to pay $68 million in installments plus ongoing royalties, following a $31 million jury verdict obtained in the District of Delaware.

The disputes reflect intensifying competition in the NGS and spatial biology space. With a portfolio anchored by patents licensed from Harvard University and Prognosys Biosciences, 10x Genomics has now sued or settled with Illumina, Bruker, Curio, and Element Biosciences — covering the leading incumbents as well as recent market entrants.

Strategic implications

Element Biosciences, founded in 2017 and commercializing the AVITI platform from 2022, is a relatively newer entrant in the NGS provider market. The AVITI24 platform represents the company’s latest-generation multiomic offering. If 10x Genomics’ allegations are validated, the suit could materially affect Element’s commercialization plans. Element’s stated intent to contest the case rather than settle suggests the matter will likely proceed to substantive proceedings.

Industry observers note that 10x Genomics’ pattern of dual-track U.S. and UPC enforcement makes it plausible that Element Biosciences will be sued at the UPC as well. As of publication, no UPC filing has been publicly confirmed, but the history makes a European action a realistic possibility.

The next-generation sequencing space remains a multi-front patent litigation arena, with 10x Genomics, Illumina, Roche, Bruker and now Element Biosciences embroiled in cross-jurisdictional disputes. The Curio settlement allows 10x Genomics to redirect resources toward enforcement against Element, raising the stakes in what is likely to be a hard-fought dispute over a generation of NGS technology.