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NanoString Technologies Sues 10x Genomics for Patent Infringement

NEW YORK – NanoString Technologies last month filed a lawsuit against 10x Genomics for alleged patent infringement.

In a complaint filed Oct. 20 in the US District Court for the District of Delaware, NanoString alleged that 10x Genomics’ Visium Spatial Gene Expression system and related products and services infringe its US Patent No.11,473,142, titled “Chemical Compositions and Uses Thereof.”

“NanoString has suffered and continues to suffer damages as a result of 10x’s infringement of the 142 Patent,” Nanostring alleged in the complaint. “Unless 10x is enjoined from infringing the 142 Patent, 10x’s efforts to design, develop, market, offer to sell, and sell Visium and related products will cause NanoString to suffer irreparable injury for which damages are an inadequate remedy.”

NanoString asked the court to enter a judgment that 10x Genomics has willfully infringed its patent. The company also asked the court for injunctive relief and unspecified damages — including attorneys’ fees — in relation to the alleged infringement as well as a jury trial. If the court finds that an injunction is not warranted, NanoString requests an award of post-judgment royalty to compensate for future infringement, according to the complaint.

NanoString’s lawsuit against 10x comes after a series of previous litigations initiated by 10x over spatial genomics intellectual property.

In May 2021, 10x sued NanoString in the Delaware District Court, alleging that the GeoMx digital spatial profiler technology infringed seven of its patents, which 10x licensed from San Diego-based Prognosys Biosciences.

In February of this year, 10x filed another lawsuit in the US District Court for the District of Delaware, alleging NanoString’s CosMx Spatial Molecular Imager system infringes its US Patent Nos. 10,227,639 and 11,021,737. In that complaint, 10x asked the court for a declaration that NanoString infringed the patents and for a permanent injunction against the firm, as well as a jury trial.

A month later, 10x field one more lawsuit in the Munich Regional Court I in Germany against NanoString Technologies’ German subsidiary, alleging that certain NanoString products and services, including those in connection with the CosMx Spatial Molecular Imager system, infringe European Patent No. 2794928B1, which is owned by Harvard University.

A hearing is scheduled for March 2023 for that case, according to a recent filing from NanoString with the US Securities and Exchange Commission. In addition, the company filed a nullity action with the German Federal Patent Court in Munich through its German subsidiary this July, requesting a judgment that EP 2794928B1, as in effect for Germany, be declared invalid and revoked in its entirety.

NanoString and 10x did not immediately respond to a request for comment regarding the latest lawsuit.

In an SEC filing after announcing its Q3 results earlier this month, 10x said the company “has not yet responded” to NanoString’s complaint. “The Company believes NanoString's claim in the NanoString Action is meritless and intends to vigorously defend itself,” 10x said in the document.