Oxford Nanopore Technologies PLC on Tuesday said that it intends to sue BGI Group, as well as its subsidiaries, for both breach of contract and potential breach of patent licences.

The Oxford-based specialist in DNA and RNA sequencing technologies has filed a subpoena application in the US District Court for the Northern District of California, in order to serve Complete Genomics Inc, Innomics Inc, MGI Americas Inc, and others.

Elaborating, Oxford Nanopore said it expects to bring claims against BGI Tech Solutions Co Ltd, BGI Group, which was formerly known as the Beijing Genomics Institute, MGI Holdings Co Ltd, and MGI Tech Co Ltd.

It explained this was in relation to claims for breach of contractual obligations, claims for breach of common law obligations of confidence, breach of duties under the Trade Secrets (Enforcement, etc.) Regulations 2018, and an entitlement claim to a licence of certain patents.  

The regulations implement provisions of Directive (EU) 2016/943 of the European Parliament on the protection of undisclosed know-how and business information against their unlawful acquisition, use and disclosure.

Oxford Nanopore added that it does not believe BGI’s nanopore-based sequencing technology is able to be used in commercial products around the world ‘without infringing or misappropriating the group’s substantial portfolio of proprietary rights’.

Shares in Oxford Nanopore Technologies were trading 0.9% lower at 142.80 pence each in London on Tuesday morning.

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