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 Litigation10x 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 Genomics10x 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).

Forward Looking StatementsThis 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.

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SOURCE 10x Genomics, Inc

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