10x Genomics: UPC declines to issue second injunction against NanoString

10x Genomics (TXG) announced today that the European Unified Patent Court has declined to issue a second preliminary injunction against NanoString Technologies (NSTG) based on European Patent 2 794 928 B1. However, the injunctions granted by the Regional Court Munich I in May and by the UPC in September both remain in full force and effect and are not affected by today’s decision in terms of scope or duration, 10x said. The September injunction prevents NanoString from selling or providing services using its CosMx Spatial Molecular Imager instruments and CosMx reagents for RNA detection in all 17 countries of the UPC based on NanoString’s infringement of European Patent 4 108 782 B1. The EP 928 patent is in effect in only a subset of the 17 UPC countries – Germany, France and the Netherlands. Had it been granted, the injunction for the EP 928 patent would not have changed the scope of the injunction that is already in effect. Eric S. Whitaker, Chief Legal Officer for 10x Genomics, said, “Today’s decision in no way impacts both existing injunctions against NanoString and the underlying strength of our cases. While the UPC found that the EP 928 patent did not warrant preliminary relief, we expect to continue to pursue our claims on the EP 928 patent in a main action of the UPC.”