10x Genomics Comments on Second UPC Preliminary Injunction Decision

UPC Denies Second Preliminary Injunction Request; Prior Injunctions Against NanoString’s CosMx Products in Europe Remain in Full Effect

PLEASANTON, Calif., Oct. 10, 2023 /PRNewswire/ — 10x Genomics, Inc. (NASDAQ:TXG), a leader in single cell and spatial biology, announced today that the European Unified Patent Court (“UPC”) has declined to issue a second preliminary injunction against NanoString Technologies, Inc. (Nasdaq: NSTG) based on European Patent 2 794 928 B1 (“the EP 928 patent,” docket No 459996/2023). However, the injunctions granted by the Regional Court Munich I in May and by the UPC in September both remain in full force and effect and are not affected by today’s decision in terms of scope or duration.  

The September injunction prevents NanoString from selling or providing services using its CosMx Spatial Molecular Imager (SMI) instruments and CosMx reagents for RNA detection in all 17 countries of the UPC based on NanoString’s infringement of European Patent 4 108 782 B1 (“the EP 782 patent,” docket No. 459756/2023). The EP 928 patent is in effect in only a subset of the 17 UPC countries – Germany, France and the Netherlands. Had it been granted, the injunction for the EP 928 patent would not have changed the scope of the injunction that is already in effect.

Eric S. Whitaker, Chief Legal Officer for 10x Genomics, said, “Today’s decision in no way impacts both existing injunctions against NanoString and the underlying strength of our cases. While the UPC found that the EP 928 patent did not warrant preliminary relief, we expect to continue to pursue our claims on the EP 928 patent in a main action of the UPC.”

The rulings of the UPC are subject to appeal. The full opinions of the UPC will be posted here when available: 10xgen.com/munich-spatial-news.

Related Litigation

In the United States, 10x filed suit against NanoString in the U.S. District Court for the District of Delaware alleging that NanoString’s GeoMx Digital Spatial Profiler and associated instruments, reagents and services infringe: (a) U.S. Patent No. 10,472,669; (b) U.S. Patent No. 10,961,566; (c) U.S. Patent …

Full story available on Benzinga.com

genomics
nasdaq