10x Wins Injunction From Unified Patent Court Banning Sales of NanoString’s CosMx Products in Europe

Second Injunction Issued Against CosMx

PLEASANTON, Calif., Sept. 19, 2023 /PRNewswire/ — 10x Genomics, Inc. (NASDAQ:TXG), a leader in single cell and spatial biology, announced today that the European Unified Patent Court (“UPC”) issued a preliminary injunction against NanoString Technologies, Inc. (Nasdaq: NSTG) for infringing European Patent 4 108 782 B1 (“the EP 782 patent,” docket No 459746/2023). The preliminary injunction, issued by a panel of four judges with both legal and technical expertise, 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.

Eric S. Whitaker, Chief Legal Officer for 10x Genomics, said: “Since the formation of 10x, our unwavering commitment has been to drive innovation to push science forward. We have made massive investments in cutting edge research and development resulting in revolutionary products transforming the world’s understanding of health and disease. The entire purpose of patent systems around the world is to protect such innovations and encourage such investments. We will be steadfast in protecting the inventions that scientists have worked so hard to create, as innovation is what fuels and funds the development of future 10x technologies that benefit researchers – and ultimately patients.”

The injunction on the EP 782 patent requires that NanoString stop selling or providing services using the CosMx SMI instruments as well as CosMx reagents for RNA detection in Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Slovenia and Sweden.

10x Genomics’ acquisitions of ReadCoor and Cartana in 2020 accelerated its technology development of the Xenium in situ platform and provided 10x with access to key inventions, including what became the EP 782 patent, from the earliest pioneers of in situ analysis. This patent relates to the initial discoveries of critical and foundational technical features for in situ analysis, which underpin 10x’s Xenium platform, a high performance system combining state-of-the-art instrumentation, curated and customizable gene panels and robust software to deliver best-in-class sensitivity, specificity and throughput.

“A patent holder must meet a very high standard to win a preliminary injunction,” added Whitaker. “Two separate courts have now found that NanoString’s CosMx products infringe two different 10x patents, and three separate courts have preliminarily found the 10x patents valid in the asserted scope. In total, three courts have analyzed hundreds of pages of arguments made by …

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