Ayala filed a lawsuit on behalf of its client against Thermo Fisher Scientific Inc., a large manufacturer of scientific devices including the Ion Torrent Genexus Integrated Sequencer(“Genexus Instrument”) sold to Ayala’s client–the Plaintiff.
As stated in the Complaint, Thermo Fisher describes the Genexus Instrument as “the first turnkey next-generation sequencing (NGS) solution that automates the specimen-to-report workflow and can deliver results in a single day.” Complaint, ¶ 12.
Thermo Fisher, relates the Complaint, “represented to [the plaintiff] that the Genexus Instrument was fully capable of both reliably sequencing data and interpreting the data it produces.” Complaint, ¶ 14.
However, Genexus Instrument had a number of malfunctions, including, the complaint states, that it “displayed an unknown and unidentified camera and/or sensor issue, where it would request reagents be put in/taken out in a random order—as opposed to systematically—and also would misidentify reagents as used and/or expired when they were not.” Complaint, ¶ 21
The Complaint contains five causes of action including for breach of contract, breach of express warranty, breach of implied warranty of merchantability, and breach of implied warranty of fitness for a particular purpose.
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