Jury Awards 10x Genomics Over $31 Million in Damages and Finds All Seven
Asserted Patents Valid and Willfully Infringed by
NanoString
GeoMx Decision is Third Ruling Against
NanoString, Showing Serial Infringement of 10x Patents
PLEASANTON, Calif.,
Nov. 17, 2023 /PRNewswire/ -- 10x
Genomics, Inc. (Nasdaq: TXG), a leader in single cell and spatial
biology, announced today that a jury in the U.S. District Court for
the District of Delaware has
reached a unanimous verdict in favor of 10x Genomics in the patent
infringement suit 10x filed against the GeoMx products sold by
NanoString Technologies, Inc. (Nasdaq: NSTG). In awarding over
$31 million in damages, the jury
found that NanoString's GeoMx Digital Spatial Profiler and
associated instruments, reagents and services for RNA and protein
detection willfully infringe all seven asserted patents owned by
Prognosys and exclusively licensed to 10x Genomics.
The jury awarded over $31 million
in damages for sales of the infringing GeoMx products from
May 6, 2021 through October 13, 2023. In post-trial proceedings, 10x
intends to seek (a) ongoing royalties for NanoString's willful
infringement by sales of the GeoMx products after October 13, 2023; (b) treble damages and
attorney's fees for NanoString's willful infringement; (c) a
permanent injunction barring the making, using, selling and
offering for sale the GeoMx products in the United States; and (d) pre- and
post-judgment interest.
"In the last six months, three separate courts have found that
both NanoString's CosMx and GeoMx products infringe nine separate
10x patents," said Eric Whitaker,
Chief Legal Officer at 10x Genomics. "At some point, NanoString
must drop the charade that it is 'confident' it does not infringe
the 10x patents and the patents are invalid. It is essential that
10x protect our patents from those who wrongly and willfully use
them so we can advance our mission and continue to innovate and
push science forward. We are thankful for the jury's careful
attention to the extensive evidence presented in this case and
their diligence in recognizing 10x's decade-long investment in
innovation."
The jury heard testimony from the sole inventor of the patents,
Illumina co-founder Mark Chee, and
NanoString CEO Brad Gray and
NanoString CSO Joe Beechem. After hearing all of the evidence, the
jury confirmed that all seven of 10x's asserted patents had been
infringed by NanoString, that each of 10x's seven patents was
valid, that NanoString willfully infringed those patents and that
monetary damages were owed to 10x for the infringement of all seven
patents. For a patent to be willfully infringed, the jury had to
find that NanoString acted in reckless disregard of 10x's rights,
supported by evidence that NanoString acted maliciously,
deliberately or in bad faith.
The asserted patents in Case No. 21-cv-653-MFK include (a) U.S.
Patent No. 10,472,669; (b) U.S. Patent No. 10,961,566; (c) U.S.
Patent No. 10,983,113; (d) U.S. Patent No. 10,996,219; (e) U.S.
Patent No. 11,001,878; (f) U.S. Patent No. 11,008,607 and (g) U.S.
Patent No. 11,293,917.
This ruling is the third time that NanoString has been found to
infringe 10x patents in the past six months. Earlier this year, the
European Unified Patent Court (the "UPC") and the Munich Regional
Court each ruled that NanoString is infringing 10x Genomics patents
and issued injunctions on NanoString's infringing CosMx Spatial
Molecular Imager instruments as well as CosMx reagents for RNA
detection.
Related Litigation
10x has a separate suit pending
against NanoString in the U.S. District Court for the District of
Delaware alleging that
NanoString's CosMx Spatial Molecular Imager and associated
instruments, reagents and services infringe multiple patents. The
patents asserted in the second U.S. suit against NanoString include
(a) U.S. Patent No. 10,227,639; (b) U.S. Patent No. 11,021,737; (c)
U.S. Patent No. 11,293,051; (d) U.S. Patent No. 11,293,052; (e)
U.S. Patent No. 11,293,054 and (f) U.S. Patent No. 11,542,554.
Trial is scheduled for September 2024.
About 10x Genomics
10x Genomics is a life science
technology company building products to accelerate the mastery of
biology and advance human health. Our integrated solutions include
instruments, consumables and software for single cell and spatial
biology, which help academic and translational researchers and
biopharmaceutical companies understand biological systems at a
resolution and scale that matches the complexity of biology. Our
products are behind breakthroughs in oncology, immunology,
neuroscience and more, fueling powerful discoveries that are
transforming the world's understanding of health and disease. To
learn more, visit 10xgenomics.com or connect with us on LinkedIn or
X (Twitter).
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