[Edaily Reporter Kim Seung-kwon ] Curiox Biosystems Co., Ltd.(445680)(hereinafter “Curiox”) has filed a trade secret infringement lawsuit in the U.S. against global flow cytometry companies BD (Becton, Dickinson) and Waters. Curiox alleges that its technology was used in the “BD FACS360,” a cell pretreatment device currently under development by Waters.

According to industry sources on the 13th, Curiox filed a complaint on the 11th (local time) with the U.S. District Court for the Northern District of California. The complaint cites five grounds for the lawsuit: violations of the federal Defend Trade Secrets Act (DTSA) and the California Trade Secrets Act; breach of a confidentiality agreement (CDA); interference with business; and unfair competition. The U.S. law firm Pillsbury is representing Curiox in the lawsuit.

This matter was previously highlighted in an exclusive report by Pharm iDaily. According to the article titled “[Exclusive] They Said They’d Partner, But Then Launched Competing Equipment… Global Company’s New Product Suspected of Misappropriating Curiox Technology,” the company in question had previously announced plans to launch its own product following its collaboration with Curiox.

According to the complaint, BD expressed interest in Curiox’s centrifuge-free (C-FREE) cell washing technology in January 2025. The two companies entered into a CDA, and in July of that year, Curiox demonstrated the “Pluto Workstation” for one week at BD’s facility in Milpitas, California. BD subsequently retained the equipment for an additional three weeks. Curiox also provided BD with a prototype of the Workflow Wizard and related documentation in August and September.

Curiox claimed that five categories of trade secrets—including pipette control settings, liquid class libraries, and wash and mix modes—that were disclosed during this process were used in the development of the FACS360. The company stated that it did not provide the source code. Waters acquired BD’s Biosciences division last February.

Curiox is seeking damages and an injunction against the development and sale of FACS360, and has requested a jury trial. The amount of damages is to be determined at trial. According to the complaint, Waters plans to begin selling FACS360 in the U.S. as early as next month.

The company emphasized that it is the plaintiff, not the defendant, in this lawsuit. A company official stated, “The law firm handling the case believes we have a high chance of winning,” adding, “While a settlement is possible, the law firm’s analysis indicates a 99% probability of success.”