PLEASANTON, Calif., Dec. 23,
2024 /PRNewswire/ -- 10x Genomics, Inc. (Nasdaq:
TXG), a leader in single cell and spatial biology, announced today
it had secured a permanent injunction in the U.S. District Court
for the District of Delaware
against the GeoMx products sold by Bruker Corporation (Nasdaq:
BRKR), which acquired the product line from NanoString
Technologies. To minimize the risk of disruption to ongoing
research, 10x Genomics requested a carve-out for GeoMx users who
installed an instrument prior to the trial in November 2023.
The injunction, which the Court said it will enter in
January 2025, is expected to
prohibit Bruker from making, using, selling or offering to
sell in the United States its
GeoMx Digital Spatial Profiler and associated instruments, reagents
and services for RNA and protein detection. At the request of 10x
Genomics, the injunction will not block ongoing research by
researchers who installed a GeoMx instrument prior to November 18, 2023. Such customers can continue to
purchase GeoMx reagents for use with existing GeoMx instruments for
purposes of continuing their ongoing research. The Court found that
making such an exception for ongoing research strikes a "workable
balance between protecting the patentee's rights and protecting the
public from the injunction's adverse effects." In addition, the
Court affirmed the $31 million
damages awarded by the November 2023
jury verdict, as well as supplemental damages and interest that
will be added to the total damages when final judgment is
entered.
"Today's decision helps to safeguard our decade-long investment
in innovation and ensures we can continue to develop groundbreaking
technologies that help our customers revolutionize science," said
Eric Whitaker, Chief Legal Officer
at 10x Genomics. "10x exists to fuel scientific progress – not
stifle it – and that is why we've done our utmost to ensure this
injunction was structured to protect both our intellectual property
and existing GeoMx customers' ongoing research."
The Court recognized the harm NanoString's infringing
conduct caused 10x when it wrote in its ruling, "Having been
careful not to license its technology, 10x suffers when it
proclaims itself as an innovator in spatial genomics but a
competitor is using the same innovative, patented technology."
Today's Court decision follows a November
2023 jury verdict that found that NanoString's GeoMx
products willfully infringed seven patents exclusively licensed to
10x Genomics by Prognosys. During the trial, 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 determined
that all seven patents had been infringed by NanoString, that each
patent was valid, that NanoString willfully infringed those patents
and that monetary damages were owed to 10x for the infringement of
all seven patents. In affirming the jury's finding that NanoString
willfully infringed, the Court relied on the evidence showing that
NanoString knew or was willfully blind that its acts would cause
infringement of 10x's rights.
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.
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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Commission from time to time.
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
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Contacts
Investors: investors@10xgenomics.com
Media: media@10xgenomics.com
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SOURCE 10x Genomics, Inc.
