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10x Genomics Launches Two More Patent Lawsuits Against Spatial Omics Competitors in EU Patent Court

This story has been updated to include comment from NanoString Technologies.

NEW YORK – 10x Genomics said on Thursday that is has filed two more European patent infringement lawsuits against NanoString Technologies and Vizgen, respectively, alleging infringement of IP covering in situ detection of analytes.

10x filed the lawsuits at the advent of the new European Unified Patent Court (UPC) — a centralized forum launched for adjudicating patent disputes launched today — alleging that NanoString's CosMx products infringe European Patents 2794928 B1 and 4108782 B1 and that Vizgen's Merscope instrument infringes the 782 patent.

In a statement, 10x said it "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."

Last month, 10x won a permanent injunction against the sale of the CosMx Spatial Molecular Imager and reagents for RNA analysis, but not protein analysis, in a German court. NanoString has said it will appeal that decision.

"We fully expected to see these new lawsuits filed by 10x in the European Unified Patent Court," NanoString CEO Brad Gray, said in a statement. "We remain confident that we do not infringe these patents and that the courts will find them to be invalid," He also criticized 10x for "continued pursuit of a strategy of stifling innovation and limiting competition." Vizgen did not immediately respond to a request for comment.

In a statement introducing the new patent system, the European Commission said that it "provides a one-stop-shop" for registering and enforcing patents in Europe. "This means lower costs, less paperwork, and reduced administrative burden for innovators." The new UPC will have jurisdiction over new Unitary patents and existing European patents and will "provide a more consistent legal framework for patent disputes and reduce the risk of inconsistent rulings."

"This replaces the need to navigate a complex patchwork of national patent laws and procedures and sets aside the costlier national validation requirements applicable to European patents," the Commission said.

The current UPC member states are Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Slovenia, and Sweden.

Among the UPC member states, the 928 patent is in effect in Germany, the Netherlands, and France while the 782 patent is in effect in all UPC member states.

10x noted that it is pursuing its claims in the Munich division of the UPC.