NanoString Technologies, Inc. (Nasdaq: NSTG), a leading provider of life science tools for research and translational research, responded today to the Munich Regional Court’s recent decision, finding that the CosMx Spatial Molecular Imager (SMI) from NanoString, when used to detect RNA molecules (targets), infringes the German part of European Patent 2794928B1. The Munich court granted 10x Genomics, Inc. and President and Fellows of Harvard College the right to enforce an injunction against the use of SMI’s CosMx instrument for RNA detection in Germany. NanoString believes that the Munich court reached the wrong conclusion and will appeal the decision.
The scope and effects of the Munich court’s decision are limited to Germany only. In addition, the decision does not apply to the use of SMI’s CosMx instrument for protein detection, which NanoString will continue to offer and support.
“We do not agree with the Munich District Court’s recent decision,” said Brad Gray, President and CEO of NanoString. “We continue to believe that 10x’s claims are unfounded. The CosMx SMI is fundamentally different from any other spatial biology platform on the market and offers capabilities unmatched by any other spatial analysis system, including those offered by 10x , far surpassing. We believe that 10x’s actions regarding NanoString’s breakthrough SMI system CosMx unfairly suppress competition and threaten to impede critical research by German scientists. NanoString will continue to pursue all legal avenues to assert itself vigorously to defend against the allegations of 10x. We are convinced that we will be right on appeal and are confident that our arguments will stand in the Federal Patent Court, where we seek a decision on the invalidation of the patent in the nullity action Our top priority remains providing our customers with the industry’s most comprehensive product portfolio of spatial biology and mass gene expression solutions, and we will continue to work tirelessly to achieve this goal.”
NanoString questions the validity of the asserted patent with a parallel nullity action before the Federal Patent Court in Munich. A decision on the nullity action is expected after a hearing scheduled for May 2024. Should the relevant claims of the patent be declared invalid by the Federal Patent Court in the action for nullity, such a judgment would remove the basis for the Munich Regional Court’s finding in the patent infringement proceedings and would enable NanoString to lift the associated injunction.
About NanoString
NanoString Technologies, a leader in spatial biology, offers an ecosystem of innovative research and translational research solutions that enable our customers to map the biology universe. The Digital Spatial Profiler GeoMx® is a flexible and consistent solution that combines the power of whole-tissue imaging with gene expression and protein data for spatial whole transcriptomics and proteomics. The Spatial Molecular Imager CosMx™ is a single-cell imaging platform based on spatial multiomics that enables researchers to image single cells in their natural environment to gain deep biological insights and new discoveries from a single experiment. The Spatial Informatics Platform AtoMx™ is a cloud-based informatics solution with advanced analytics and global collaboration capabilities that enables powerful spatial biological insights anytime, anywhere. The foundation of our research tools is our nCounter® analysis system, which provides a safe way to detect the expression of hundreds of genes, proteins, miRNAs or copy number variations simultaneously with high sensitivity and precision. Visit www.nanostring.com for more information.
Forward-Looking Statements
This press release contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934 and the Private Securities Litigation Reform Act of 1995. These forward-looking statements include statements regarding our intention to appeal the Munich District Court’s decision about our intention to continue to vigorously defend ourselves against 10x’s allegations, about our belief that we will be successful in our appeal in the Munich Regional Court proceedings, about our expectations regarding the outcome of the annulment action we are bringing before the Federal Patent Court and the resulting impact on any continuing injunction, the expected timing of the ongoing litigation, the ultimate outcome of these pending litigation, the impact of the current injunction on our business, and our operations and business prospects. Such statements are based on current assumptions, which involve risks and uncertainties that could result in actual success and results differing significantly from the anticipated results. Risks and uncertainties, many of which are beyond our control, include our failure to appeal the Munich District Court’s decision, our unsuccessful nullity action before the Federal Patent Court, and the protracted nature of ongoing litigation and a final decision could be delayed, that our products will be accepted by the market, that the general conditions in the national and global economic markets are unfavorable, that the ongoing legal disputes affect our business, that we compete with our competitors and the other risks set forth in filings with the Securities and Exchange Commission by us. These forward-looking statements speak only as of the date of this press release. NanoString Technologies disclaims any intention or obligation to update these forward-looking statements.
NanoString, NanoString Technologies, the NanoString logo, GeoMx, CosMx, AtoMx, and nCounter are trademarks or registered trademarks of NanoString Technologies, Inc. in various jurisdictions.
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