Jury Awards 10x Genomics $31 Million in Patent Infringement Verdict Against NanoString’s GeoMx Products

In a significant legal victory for 10x Genomics, Inc., a jury in the U.S. District Court for the District of Delaware has issued a unanimous verdict finding that NanoString Technologies, Inc. willfully infringed seven patents exclusively licensed to 10x Genomics. The case, filed under docket number 21-cv-653-MFK, involved NanoString’s GeoMx Digital Spatial Profiler and related instruments, reagents, and services used for RNA and protein detection.

The jury awarded 10x Genomics over $31 million in damages for sales of the infringing GeoMx products from May 6, 2021, through October 13, 2023. Beyond the monetary award, 10x Genomics has announced plans to pursue additional remedies, including ongoing royalties for post-October 2023 sales, treble damages and attorney’s fees due to willful infringement, a permanent injunction against the manufacture and sale of the GeoMx products in the United States, and pre- and post-judgment interest.

Eric Whitaker, Chief Legal Officer at 10x Genomics, emphasized the importance of protecting the company’s intellectual property, stating, "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."

The jury’s decision was supported by testimony from key witnesses, including Mark Chee, the sole inventor of the asserted patents and co-founder of Illumina, as well as NanoString’s CEO Brad Gray and Chief Scientific Officer Joe Beechem. After reviewing extensive evidence, the jury confirmed the validity of all seven patents and found that NanoString acted with reckless disregard for 10x Genomics’ rights, meeting the legal standard for willful infringement.

The seven patents at issue in this case are U.S. Patent Nos. 10,472,669; 10,961,566; 10,983,113; 10,996,219; 11,001,878; 11,008,607; and 11,293,917. These patents cover technologies integral to the GeoMx Digital Spatial Profiler and its associated products.

This ruling marks the third recent legal setback for NanoString related to 10x Genomics’ intellectual property. Earlier in 2023, the European Unified Patent Court and the Munich Regional Court issued rulings that NanoString infringed 10x patents concerning the CosMx Spatial Molecular Imager and related reagents, resulting in injunctions against those products in Europe and Germany.

10x Genomics also has a separate patent infringement lawsuit pending against NanoString in the same Delaware federal court. That case alleges infringement of six additional patents by NanoString’s CosMx Spatial Molecular Imager and related products, with trial scheduled for September 2024. The patents asserted in that suit include U.S. Patent Nos. 10,227,639; 11,021,737; 11,293,051; 11,293,052; 11,293,054; and 11,542,554.

Founded as a leader in single cell and spatial biology, 10x Genomics develops integrated instruments, consumables, and software that enable researchers and biopharmaceutical companies to analyze biological systems with high resolution and scale. The company’s innovations have contributed to advances in oncology, immunology, neuroscience, and other fields.

The company’s statement also included a standard caution regarding forward-looking statements, noting that litigation outcomes are inherently uncertain and that ongoing legal proceedings may affect future results.

This latest verdict reinforces 10x Genomics’ commitment to defending its intellectual property portfolio and highlights the challenges companies face in protecting complex biotechnology innovations in a competitive market.