The Company relies on intellectual property-including patents, copyrights, trademarks, and trade secrets-to support many of its offerings and processes. Some of this intellectual property is licensed from third parties, including on an exclusive basis. The Company's ability to maintain and enforce its proprietary rights, prevent infringement, and defend claims of infringement is critical to its operations.
The Company has faced, and may continue to face, challenges relating to intellectual property rights. For example, in October 2020, Ravgen Inc. filed a patent infringement lawsuit against the Company alleging infringement of two Ravgen-owned U.S. patents. In September 2022, a jury rendered a verdict in favor of Ravgen on the remaining patent at issue and awarded damages of $272.0 million. In May 2023, the court awarded Ravgen additional enhanced damages in the amount of $100.0 million, and in January 2025, the court awarded Ravgen post-verdict supplemental damages of $2.6 million, an ongoing royalty of $100 per test through the life of the patent as issue, pre- and post-judgement interest, and other relief. The Company strongly disagrees with the verdict, based on a number of legal factors, and will vigorously defend the lawsuit through the appeal process.
Failure to successfully obtain, maintain, enforce, or defend intellectual property rights-or adverse outcomes in litigation-could result in the need to alter or discontinue offerings, pay significant costs, damages or licensing fees, or suffer reputational harm, any of which could materially affect the Company's business, reputational, and results of operations.