Update on litigation with NanoString

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10x Genomics has multiple cases pending in multiple jurisdictions around the world alleging multiple NanoString Technologies, Inc. products infringe multiple 10x patents. These patents relate to the initial discoveries of critical and foundational technical features driving the revolutionary approach to in situ analysis led by 10x's Xenium platform, a high performance system with outstanding sensitivity, specificity, plexity, and throughput. This litigation may have an impact on the scientific community, so we want to be transparent with respect to significant litigation milestones.

Munich Regional Court 
In May 2023, the Munich Regional Court issued a permanent injunction requiring that NanoString stop selling and supplying the CosMx Spatial Molecular Imager (CosMx SMI) instruments as well as CosMx reagents for RNA detection in Germany. 

Read May 17 news release about CosMx injunction →

Read the full opinion of the Munich Regional Court:

Document 1 (English) →
Document 1 (German) →
Document 2 (German) →

European Unified Patent Court 
In June 2023, 10x Genomics filed two new lawsuits requesting preliminary injunctions against NanoString’s CosMx products in the European Unified Patent Court. 

On September 19, 2023, the Unified Patent Court issued a preliminary injunction against NanoString for infringing European Patent 4 108 782 B1 (“the EP 782 patent”). 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. 

On October 10, 2023, the Unified Patent Court denied a second preliminary injunction against NanoString based on European Patent 2 794 928 B1 ("the EP 928 patent"). 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 the EP 928 patent decision in terms of scope or duration.

Read September 19 news release about CosMx injunction in 17 countries in Europe →

Read the full opinion from the UPC regarding the EP 782 patent:

Document (English) →
Document (German) →

Read October 10 news release about the UPC preliminary injunction decision related to the EP 928 patent →

Read June 1 news release about new lawsuits filed in the European Unified Patent Court →

Additional Litigation 
10x Genomics has initiated legal action against NanoString on more than 12 other patents in the U.S. and is seeking an injunction against NanoString’s GeoMx and CosMx products in those actions.

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