10x Genomics says UPC grants preliminary injunction against NanoString

10x Genomics (TXG) announced that the European Unified Patent Court, or “UPC,” issued a preliminary injunction against NanoString Technologies (NSTG) for infringing European Patent 4 108 782 B1. “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 instruments and CosMx reagents for RNA detection in all 17 countries of the UPC,” the company stated. Eric 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. A patent holder must meet a very high standard to win a preliminary injunction. 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 NanoString and have rejected NanoString’s repeated claims that it does not infringe 10x patents, that the patents are invalid or that NanoString’s claims to a license have merit. Although we welcome legitimate competition on the merits, competition based on our own innovations must stop.”