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10x Genomics Files Two New Lawsuits Requesting Preliminary Injunctions Against NanoString's CosMx Products

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Also Files New Suit Against Vizgen's MERSCOPE Products for Patent Infringement

PLEASANTON, Calif., June 1, 2023 /PRNewswire/ -- 10x Genomics, Inc. (Nasdaq: TXG), a leader in single cell and spatial biology, today announced that it filed new patent litigation against NanoString Technologies, Inc. (Nasdaq: NSTG) and Vizgen, Inc. in the European Unified Patent Court. 

10x Genomics' new lawsuits allege that the use and distribution of NanoString's CosMx products for RNA detection infringe European Patents 2 794 928 B1 ("the EP 928 patent") and 4 108 782 B1 ("the EP 782 patent"). 10x Genomics also filed suit against Vizgen's MERSCOPE products for infringement of the EP 782 patent. The asserted patents relate to in situ detection of analytes.

The Unified Patent Court ("UPC") is a new forum for adjudicating patent infringement and revocation disputes in Europe on a centralized, rather than a country-by-country, basis. In the newly filed actions before the Unified Patent Court, 10x Genomics 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. The member states of the Unified Patent Court are currently Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Portugal, Slovenia, and Sweden. Among these UPC member states, the EP 928 patent is in effect in Germany, Netherlands, and France; the EP 782 patent is in effect in all UPC member states.

In its new lawsuits against NanoString before the Munich Local Division of the Unified Patent Court, 10x Genomics is seeking preliminary injunctions against NanoString's CosMx Spatial Molecular Imager (SMI) instruments and CosMx reagents for RNA detection in the jurisdictions of the Unified Patent Court in which the EP 928 and EP 782 patents are in effect. 

Previously, on May 17, the Munich Regional Court found that the EP 928 patent is infringed and issued an injunction that requires NanoString to stop selling and supplying CosMx SMI instruments as well as CosMx reagents for RNA detection in Germany. The full opinion of the Munich Regional Court is available here: 10xgen.com/munich-spatial-news. The judgment is subject to appeal. In February 2023, the German Federal Patent court issued a preliminary opinion finding the asserted claims of the EP 928 patent valid. 

About 10x Genomics

10x Genomics is a life science technology company building products to interrogate, understand and master biology to advance human health. Our integrated solutions include instruments, consumables and software for analyzing biological systems at a resolution and scale that matches the complexity of biology. 10x Genomics products have been adopted by researchers around the world including in all of the top 100 global research institutions as ranked by Nature in 2021 based on publications and all of the top 20 global pharmaceutical companies by 2021 research and development spend and have been cited in over 5,000 research papers on discoveries ranging from oncology to immunology and neuroscience. Our patent portfolio comprises more than 1,750 issued patents and patent applications.

Forward Looking Statements

This press release contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 as contained in Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended, which are subject to the "safe harbor" created by those sections. All statements, other than statements of historical facts, may be forward-looking statements. Forward-looking statements generally can be identified by the use of forward-looking terminology such as "may," "might," "will," "should," "expect," "plan," "anticipate," "could," "intend," "target," "project," "contemplate," "believe," "estimate," "predict," "potential," "would," "likely," "seek" or "continue" or the negatives of these terms or variations of them or similar terminology, but the absence of these words does not mean that a statement is not forward-looking. These forward-looking statements include statements regarding 10x Genomics, Inc.'s expectations regarding litigation and remedies as well as possible outcomes of litigation. These statements are based on management's current expectations, forecasts, beliefs, assumptions and information currently available to management, and actual outcomes and results could differ materially from these statements due to a number of factors. The material risks and uncertainties that could affect 10x Genomics, Inc.'s financial and operating results and cause actual results to differ materially from those indicated by the forward-looking statements made in this press release include those discussed under the captions "Risk Factors" and "Management's Discussion and Analysis of Financial Condition and Results of Operations" and elsewhere in the documents 10x Genomics, Inc. files with the Securities and Exchange Commission from time to time.

Although 10x Genomics, Inc. believes that the expectations reflected in the forward-looking statements are reasonable, it cannot provide any assurance that these expectations will prove to be correct nor can it guarantee that the future results, levels of activity, performance and events and circumstances reflected in the forward-looking statements will be achieved or occur. These forward- looking statements do not reflect that our success will depend on our ability to obtain, maintain and protect our intellectual property rights, intellectual property litigation could be expensive, time-consuming, unsuccessful, and could interfere with our ability to develop, manufacture and commercialize our products or technologies, litigation outcomes are unpredictable, or there may be changes in our litigation strategy. The forward-looking statements in this press release are based on information available to 10x Genomics, Inc. as of the date hereof, and 10x Genomics, Inc. disclaims any obligation to update any forward-looking statements provided to reflect any change in our expectations or any change in events, conditions or circumstances on which any such statement is based, except as required by law. These forward-looking statements should not be relied upon as representing 10x Genomics, Inc.'s views as of any date subsequent to the date of this press release.

Disclosure Information

10x Genomics uses filings with the Securities and Exchange Commission, our website (www.10xgenomics.com), press releases, public conference calls, public webcasts and our social media accounts as means of disclosing material non-public information and for complying with our disclosure obligations under Regulation FD.

Contacts

Investors: investors@10xgenomics.com

Media: media@10xgenomics.com

 

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SOURCE 10x Genomics, Inc.

10x Genomics, Inc.

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