10x Genomics Files Two New Lawsuits Requesting Preliminary Injunctions Against NanoString's CosMx Products

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Jun 01, 2023, 09:00 ET

Also Files New Suit Against Vizgen's MERSCOPE Products for Patent Infringement

PLEASANTON, Calif., June 1, 2023 /PRNewswire/ -- 10x Genomics, Inc. (Nasdaq: TXG), a leader in single cell and spatial biology, today announced that it filed new patent litigation against NanoString Technologies, Inc. (Nasdaq: NSTG) and Vizgen, Inc. in the European Unified Patent Court.

10x Genomics' new lawsuits allege that the use and distribution of NanoString's CosMx products for RNA detection infringe European Patents 2 794 928 B1 ("the EP 928 patent") and 4 108 782 B1 ("the EP 782 patent"). 10x Genomics also filed suit against Vizgen's MERSCOPE products for infringement of the EP 782 patent. The asserted patents relate to in situ detection of analytes.

The Unified Patent Court ("UPC") is a new forum for adjudicating patent infringement and revocation disputes in Europe on a centralized, rather than a country-by-country, basis. In the newly filed actions before the Unified Patent Court, 10x Genomics seeks pan-European injunctive relief against the infringing activities of NanoString and Vizgen across the EU member states that are part of the new court system. The member states of the Unified Patent Court are currently Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Portugal, Slovenia, and Sweden. Among these UPC member states, the EP 928 patent is in effect in Germany, Netherlands, and France; the EP 782 patent is in effect in all UPC member states.

In its new lawsuits against NanoString before the Munich Local Division of the Unified Patent Court, 10x Genomics is seeking preliminary injunctions against NanoString's CosMx Spatial Molecular Imager (SMI) instruments and CosMx reagents for RNA detection in the jurisdictions of the Unified Patent Court in which the EP 928 and EP 782 patents are in effect.

Previously, on May 17, the Munich Regional Court found that the EP 928 patent is infringed and issued an injunction that requires NanoString to stop selling and supplying CosMx SMI instruments as well as CosMx reagents for RNA detection in Germany. The full opinion of the Munich Regional Court is available here: 10xgen.com/munich-spatial-news. The judgment is subject to appeal. In February 2023, the German Federal Patent court issued a preliminary opinion finding the asserted claims of the EP 928 patent valid.

About 10x Genomics

10x Genomics is a life science technology company building products to interrogate, understand and master biology to advance human health. Our integrated solutions include instruments, consumables and software for analyzing biological systems at a resolution and scale that matches the complexity of biology. 10x Genomics products have been adopted by researchers around the world including in all of the top 100 global research institutions as ranked by Nature in 2021 based on publications and all of the top 20 global pharmaceutical companies by 2021 research and development spend and have been cited in over 5,000 research papers on discoveries ranging from oncology to immunology and neuroscience. Our patent portfolio comprises more than 1,750 issued patents and patent applications.

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