Illumina sued by rival Element over gene-sequencing technology

By Mike Scarcella

Life sciences company Element Biosciences sued Illumina ILMN on Monday in separate cases in federal courts in California and Delaware, alleging that the gene-sequencing giant violated antitrust law and infringed its patents.

In a complaint in California’s Northern District court, Element accused Illumina of monopolizing the market for so-called next-generation DNA sequencing used to determine the sequence of chemicals in DNA molecules. Its lawsuit in Delaware claimed Illumina technology had violated key patents held by Element.

San Diego-based Element also accused Illumina of driving up prices for gene sequencing services, suppressing innovation and limiting choice.

In a statement, Element said it filed the lawsuits “because we believe Illumina has engaged in long-standing anti-competitive and unlawful practices to maintain its market dominance, to the detriment of Element and the scientific community at large."

The lawsuits ratchet up a feud between the two companies. In May, Illumina accused Element of patent infringement in a lawsuit filed in federal court in Delaware.

Illumina, also based in San Diego, in a statement on Monday denied the allegations and called them “without merit or basis in fact.”

“Unfortunately, as we have argued through the legal process, Element seeks to use and profit from Illumina’s innovations without compensating Illumina for its tremendous investment in research and development,” Illumina said.

Element said in its antitrust lawsuit that its DNA sequencing technology can produce higher-quality data and at a lower cost than a comparable Illumina sequencer.

According to the lawsuit, Illumina in at least one instance tried to coerce an Element customer into “explicit exclusivity through a combination of discounts and implied threats.”

The lawsuit seeks damages for alleged lost sales, diminished market share and reduced profits.

The cases are Element Biosciences v. Illumina, U.S. District Court, Northern District of California, No. 5:25-cv-08026, and Element Biosciences v. Illumina, U.S. District Court for the District of Delaware, No. 1:25-cv-01175-UNA.

For plaintiff: Kevin Johnson and David Bilsker of Quinn Emanuel Urquhart & Sullivan

For defendant: No appearances yet