Trending...
- Southern Soul Artist Moe Z Releases New Single 'Set It Out' Distributed by Morris Day Entertainment
- Skool Alternatives Reddit: Skool vs Circle vs Whop - Did you join one yet?
- Cal State LA secures funding for two artificial intelligence projects from CSU
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: https://www.prnewswire.com/news-releases/#finan..." rel="nofollow external noopener">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.
More on The Californer
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).
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.
More on The Californer
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: [email protected]
Media: [email protected]
SOURCE 10x Genomics, Inc
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: https://www.prnewswire.com/news-releases/#finan..." rel="nofollow external noopener">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.
More on The Californer
- Buy The Crave Launches Premium Creatine and Natural Wellness Supplements for Modern Lifestyles
- Long Beach Parks, Recreation and Marine's Homeland Cultural Center Presents DanceFest at Cesar Chavez Park Amphitheater on August 16
- Sisu, a Portrait of Grit, Connection and Triumph, Premieres on Documentary Showcase
- New Liz Taylor Book Coming Soon: Chasing Elizabeth Taylor
- City of Long Beach Experienced a 4% Decrease in Fireworks-Related Reports on July 4
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).
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.
More on The Californer
- The Blue Luna Encourages Local Schools to Take Steps to Enhance Safety for Students and Staff
- CarSeek Re-Launch: A New Look, A Better Experience for Car Buyers
- Wise Business Plans Launches Turnkey Startup Packages to Help Entrepreneurs Start and Scale
- California: Governor Newsom provides $11 million to organizations helping underserved job seekers find training and employment
- For Artificial Intelligence Appreciation Day: Celebrate it with a poem about AI called "Robot Love"
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: [email protected]
Media: [email protected]
SOURCE 10x Genomics, Inc
Filed Under: Business
0 Comments
Latest on The Californer
- Stuck Doing Math or Figuring Out Life's Numbers? Calculator.now Makes It Stupidly Simple
- Cal State LA secures funding for two artificial intelligence projects from CSU
- Colbert Packaging Announces WBENC Recognition
- New Mobile Car Detailing Platform Connects Drivers with On-Demand Local Pros
- Over the past three months, California seized $476 million worth of unlicensed cannabis products
- California scores more clean energy records: 9 in 10 days this year partially powered by 100% clean energy
- "Mobile Suit Gundam" Takes Over San Diego Comic-Con 2025
- DivX Empowers Media Enthusiasts with Free Expert Guides for Advanced MP4 Management
- Assent Expands Executive Team to Accelerate Global Growth & Innovation
- The World's Largest Green Economic Revolution Emerges as Nature, Tech, and Finance Converge
- Hamilton Zanze Sponsors the Acquisition of Two Garden-Style Communities in Reno Area
- Meet a Scientologist Captures Greece's Timeless Beauty with Videographer Lambros Malamas
- Vinnetwork Unveils Decentralized AI Platform with Vinnetwork(VIN) Token to Challenge Tech Giants' Data Monopoly
- Moovs Launches Advanced Contact Center Solution for Large-Scale Transportation Operations
- Centennial Flyers to Become Colorado's First Launch Customer for All-Electric B23 Energic Aircraft
- Second Annual Artists' Rights Advocate Award to Be Presented at The Comedy Store on July 17th
- Pyro Marketing Opens New Digital Marketing Company in Saint Petersburg to Power Growth for Fitness and Ecommerce Brands
- Dr. John Salerno of Salerno Wellness Introduces Their New Full Body Capsule for Advanced LED Light Therapy Patient Treatments
- Ship Overseas Inc. Expands Specialized Shipping Services
- Governor Newsom announces additional deployment of California resources to support New Mexico following Texas and Oregon disaster response efforts