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.
Disclosure Information10x 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.
ContactsInvestors: [emailprotected] Media: [emailprotected]
SOURCE 10x Genomics, Inc
See the original post:
10x Genomics Wins Another Patent Infringement Case Against ... - PR Newswire
- AI in Biology: So Is This the End of the Experiment? No. - Walter Bradley Center for Natural and Artificial Intelligence - March 15th, 2025 [March 15th, 2025]
- Decoding the secret messages of data, biology and music : TED Radio Hour - NPR - March 15th, 2025 [March 15th, 2025]
- Pivot Bio: How Biology is Starting the Next Agricultural Revolution, Featured at TEDxBoston - PR Newswire - March 15th, 2025 [March 15th, 2025]
- University of Richmond Biology Professor John Peters Receives $500K NSF Award to Support Research on Learning and Memory - UR Now - March 15th, 2025 [March 15th, 2025]
- THE REPRO RUNDOWN | Menstruation Myths, Hormonal Cycles, the Biology Behind the Bleed - Georgetown University The Hoya - March 15th, 2025 [March 15th, 2025]
- Robert Haselkorn, Influential Researcher and Mentor in Molecular Genetics and Cell Biology, 1934-2025 | Newswise - Newswise - March 15th, 2025 [March 15th, 2025]
- AI in Biology: What Difference Did the Rise of the Machines Make? - Walter Bradley Center for Natural and Artificial Intelligence - March 15th, 2025 [March 15th, 2025]
- The Future of Innovation: Exploring the Global Synthetic Biology Market - EIN News - March 15th, 2025 [March 15th, 2025]
- AI in Biology: AI Meets Intrinsically Disordered Proteins - Walter Bradley Center for Natural and Artificial Intelligence - March 15th, 2025 [March 15th, 2025]
- Ask me anything: Artur Ekert 'Nature doesn't know that we divided all phenomena into physics, chemistry and biology' - physicsworld.com - March 5th, 2025 [March 5th, 2025]
- Nvidia Invests Further Into Healthcare And Releases The Largest Biology Foundation Model With The Arc Institute - Forbes - February 25th, 2025 [February 25th, 2025]
- Biology Seminar with Brandon Hedrick, Cornell University, February 28 - Ithaca College - February 25th, 2025 [February 25th, 2025]
- Bruker Spatial Biology to Announce Groundbreaking Advances at AGBT 2025 - Business Wire - February 25th, 2025 [February 25th, 2025]
- Pittsburgh Public Schools working to improve proficiency on Keystone biology exam - Pittsburgh Post-Gazette - February 25th, 2025 [February 25th, 2025]
- Kent Dunlap on the Biology, Evolution and Cultural History of the Neck - KQED - February 25th, 2025 [February 25th, 2025]
- Synthetic Biology Market Expected to Hit USD 186.48 Billion by 2034 with a Remarkable 25.90% CAGR - EIN News - February 25th, 2025 [February 25th, 2025]
- Synthetic Biology in Australia, China, and India: Insights from Asia and Pacific Research Center, Japan Science and Technology Agency - PR Newswire - February 25th, 2025 [February 25th, 2025]
- UT Tyler celebrating evolutionary biology with Darwin Day events - Yahoo! Voices - February 3rd, 2025 [February 3rd, 2025]
- ICDPBB 2025, bringing together global experts to discuss breakthroughs in plant biology and biotechnology - UoH Herald - February 3rd, 2025 [February 3rd, 2025]
- North Park, Northwestern Launch Synthetic Biology Internship Program - North Park University - February 3rd, 2025 [February 3rd, 2025]
- Land O Lakes High biology teacher is Pascos teacher of the year - Tampa Bay Times - February 3rd, 2025 [February 3rd, 2025]
- Hallmark discoveries in the biology of non-Wilms tumour childhood kidney cancers - Nature.com - February 3rd, 2025 [February 3rd, 2025]
- Fast-Forwarding Evolution: AI Mimics 500 Million Years of Biology - SciTechDaily - January 23rd, 2025 [January 23rd, 2025]
- Largest study on the genetics of bipolar disorder to date gives new insights into the underlying biology - Medical Xpress - January 23rd, 2025 [January 23rd, 2025]
- Bornean Orangutan Dies at the Smithsonians National Zoo and Conservation Biology Institute - Smithsonian Institution - January 23rd, 2025 [January 23rd, 2025]
- Trump to define sex as based on biology, affecting federal prisons and shelters - Washington Examiner - January 23rd, 2025 [January 23rd, 2025]
- PhD Candidate, Biology - Brno, Czech Republic job with MASARYK UNIVERSITY | 386867 - Times Higher Education - January 23rd, 2025 [January 23rd, 2025]
- Martinsburg High School biology teacher Renee Haines receives the PAEMST - Martinsburg Journal - January 23rd, 2025 [January 23rd, 2025]
- LanzaTech to spin off LanzaX synthetic biology platform - The Business Journals - January 23rd, 2025 [January 23rd, 2025]
- Molecular Biology Enzymes and Kits & Reagents Industry Outlook, - openPR - January 23rd, 2025 [January 23rd, 2025]
- Studies reveal a new biology of Huntingtons, renewing drugmaker interest in therapies - STAT - January 23rd, 2025 [January 23rd, 2025]
- Rapid action needed to stop the UK falling behind in synthetic biology - Chemistry World - January 23rd, 2025 [January 23rd, 2025]
- Vanessa Carlton Reveals That She and Fellow '00s Icon Julia Stiles Met 30 Years Ago in 9th Grade Biology (Exclusive) - PEOPLE - January 23rd, 2025 [January 23rd, 2025]
- Cyclin-dependent protein kinases and cell cycle regulation in biology and disease - Nature.com - January 15th, 2025 [January 15th, 2025]
- Bioptimus brings its funding to $76M for the GPT of biology - Tech.eu - January 15th, 2025 [January 15th, 2025]
- Influenza A virus in dairy cattle: infection biology and potential mammary gland-targeted vaccines - Nature.com - January 15th, 2025 [January 15th, 2025]
- Giant Pandas Will Make Their Public Debut Jan. 24 at Smithsonians National Zoo and Conservation Biology Institute - Smithsonian's National Zoo and... - January 15th, 2025 [January 15th, 2025]
- Breaking Boundaries in Spatial Biology: Exploring the 2D and 3D Landscape - Genetic Engineering & Biotechnology News - January 15th, 2025 [January 15th, 2025]
- French firm Bioptimus bags 74M to build the GPT of biology that simulates biology instead of generating text - Silicon Canals - January 15th, 2025 [January 15th, 2025]
- UK at risk of falling behind in engineering biology, Lords Committee warns - Innovation News Network - January 15th, 2025 [January 15th, 2025]
- Computational Biology Market: Steady Growth Backed by Government Funding - openPR - January 15th, 2025 [January 15th, 2025]
- Challenging Viral Biology: Researchers Discover Mysterious Virus With Ribosomal Protein - SciTechDaily - January 1st, 2025 [January 1st, 2025]
- Insights into the biology and insecticide susceptibility of the secondary malaria vector Anopheles parensis in an area with long-term use of... - January 1st, 2025 [January 1st, 2025]
- Artificial Intelligence in Biology: From Neural Networks to AlphaFold - The Scientist - January 1st, 2025 [January 1st, 2025]
- Visiting Clinical Assistant Professor of Biology, Department of Biology - The Chronicle of Higher Education - December 23rd, 2024 [December 23rd, 2024]
- Medicinal Plant Biology Successfully Indexed in We | Newswise - Newswise - December 23rd, 2024 [December 23rd, 2024]
- Biology professor leads team authoring article on notable marine microbe - https://alvernia.edu - December 23rd, 2024 [December 23rd, 2024]
- The perfect pair: How biology and engineering are creating new breakthroughs in human health - National Heart, Lung, and Blood Institute - December 23rd, 2024 [December 23rd, 2024]
- Read Some of the Most Exciting Stories From the Smithsonian Conservation Biology Institute in 2024 - Smithsonian Magazine - December 23rd, 2024 [December 23rd, 2024]
- Renovated biology lab inspires learning and collaboration - IU Newsroom - November 28th, 2024 [November 28th, 2024]
- New approach in amphibian biology: harmless viruses help to study the nervous system of frogs - European Research Council - November 28th, 2024 [November 28th, 2024]
- Space Biology, Tech Studies Fill Day as Station Boosts Orbit - NASA Blogs - November 28th, 2024 [November 28th, 2024]
- Johns Hopkins professor delivers lecture on breakthrough reproductive biology research - Liberty News - November 28th, 2024 [November 28th, 2024]
- Dr. Yvette Mercer relates her biology lessons to the real-world at Windsor Forest High School - WJCL News Savannah - November 28th, 2024 [November 28th, 2024]
- Discovery of a universal brain function: from biology to AI? - Techno-Science - November 28th, 2024 [November 28th, 2024]
- Biology Beyond the Classroom: Belize Study Abroad Course Offers Hands-On Experience College of Arts & Sciences - UofL Today - November 20th, 2024 [November 20th, 2024]
- A climate fund is way too generic, says Nucleus Capital - as it launches 40m fund focused on synthetic biology - Sifted - November 20th, 2024 [November 20th, 2024]
- WSU part of consortium exploring biology in space - WSU News - November 20th, 2024 [November 20th, 2024]
- Singleron Joins Forces with TOMY Digital Biology to Transform Single Cell Analysis in Japan - BSA bureau - November 20th, 2024 [November 20th, 2024]
- Saturday Citations: Cold dark matter takes a hit; a new paradigm for biology; those fracking earthquakes - Phys.org - November 20th, 2024 [November 20th, 2024]
- Breaking Down Molecules: Structural Biology's Big Innovations - openPR - November 20th, 2024 [November 20th, 2024]
- U of G Students Dive Into Learning in Unforgettable Marine Biology Course - University of Guelph News - November 20th, 2024 [November 20th, 2024]
- John Connolly Mad Hatter Q&A: "I had vague ambitions to be a vet, hampered slightly by Synge Street CBS refusing to teach us biology" - hotpress.com - November 20th, 2024 [November 20th, 2024]
- NMSU research team focuses on cancer biology through partnership, increase underrepresented student research - NMSU Newsroom - November 12th, 2024 [November 12th, 2024]
- Sea angels and devils: could plankton unlock the secrets of human biology? - The Guardian - November 12th, 2024 [November 12th, 2024]
- Synthetic Biology Market to Hit USD 31.52 Billion by 2029 with 20.6% CAGR | MarketsandMarkets - PR Newswire - November 12th, 2024 [November 12th, 2024]
- How ecDNA Fuels Cancer by Breaking the Laws of Biology - Howard Hughes Medical Institute - November 12th, 2024 [November 12th, 2024]
- Research Spotlight: Biology and Environmental Science, Psychology, and Religious Studies Faculty to Present Current Projects - Sherman Denison Herald... - November 12th, 2024 [November 12th, 2024]
- Symmetry in biology: A look into how bees actively organize nests in mirroring patterns - Phys.org - November 12th, 2024 [November 12th, 2024]
- UKRI invests 5.8m in engineering biology - Research Professional News - November 12th, 2024 [November 12th, 2024]
- HTAN Members Deliver Wealth of Tumor Biology Insights - Inside Precision Medicine - November 12th, 2024 [November 12th, 2024]
- Tenure-Track: Assistant Professor in Marine Biology job with Texas A&M University - Galveston | 37740878 - The Chronicle of Higher Education - October 26th, 2024 [October 26th, 2024]
- Teaching Assistant/Associate Professor, Chemistry and Chemical Biology - The Chronicle of Higher Education - October 26th, 2024 [October 26th, 2024]
- Emerging strategies to investigate the biology of early cancer - Nature.com - October 26th, 2024 [October 26th, 2024]
- Future Medicine: Physics, Biology, And AI Will Transform Human Health - Forbes - October 26th, 2024 [October 26th, 2024]
- NATIONAL VIEW: When AI looked at biology, the result was astounding - Odessa American - October 26th, 2024 [October 26th, 2024]
- Can We Pick Winners With Causal Human Biology? Vertex Makes the Case - Timmerman Report - October 26th, 2024 [October 26th, 2024]
- What Remains of Edith Finch Developers Next Game is About the Wonders and Horrors of Biology&... - GamingBolt - October 26th, 2024 [October 26th, 2024]
- Castle Biosciences to Support the 71st Annual Montagna Symposium on the Biology of the Skin - BioSpace - October 13th, 2024 [October 13th, 2024]
- 'Where we are today in biology AI is similar to GPT in 2020': An interview with the CEO of Africa's biggest AI startup - TechCrunch - October 13th, 2024 [October 13th, 2024]