
10x Genomics Announces UPC Has Declined to Issue Second Preliminary Injunction Against NanoString in Spatial Genomics Dispute
10x Genomics announced today that the European Unified Patent Court (UPC) has declined to issue a second preliminary injunction against NanoString Technologies, Inc., based on European Patent 2 794 928 B1 (EP 928 patent). The decision comes as a development in the ongoing legal battle between 10x Genomics, Inc. and NanoString Technologies, Inc. over intellectual property rights in spatial genomics.
However, 10x Genomics noted that the injunctions previously granted by the Regional Court Munich I in May and by the UPC in September remain in full force and effect. These injunctions prevent 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. The EP 782 patent, which NanoString was found to infringe, is the basis for these existing injunctions. Nanostring is currently appealing the decision.
There is also litigation ongoing between the companies in the United States. In May 2021, a lawsuit was filed by 10x Genomics against NanoString Technologies, Inc. in the U.S. District Court for the District of Delaware. The lawsuit alleges that NanoString’s GeoMx Digital Spatial Profiler, along with associated instruments and reagents, infringe multiple U.S. patents. Subsequent amended complaints were filed in May 2021 and May 2022 to add further patent infringement claims. NanoString responded to the lawsuit in May 2022 and a trial set for November 2023.
Eric S. Whitaker, Chief Legal Officer for 10x Genomics, emphasized that today’s decision does not impact the existing injunctions against NanoString and the strength of their cases. He further noted that 10x Genomics intends to continue pursuing its claims on the EP 928 patent through a main action in the UPC.