NanoString says will ‘immediately appeal’ preliminary injunction in EU

NanoString Technologies (NSTG) issued comments on today’s order from the European Unified Patent Court, or UPC, granting a preliminary injunction effective immediately in 17 Member States of the European Union against NanoString’s CosMx Spatial Molecular Imager products for RNA detection in NanoString’s ongoing patent dispute with 10x Genomics (TXG) and Harvard, stating in part: “We are disappointed with today’s decision by the UPC and will immediately appeal the preliminary injunction in the UPC Court of Appeal in Luxembourg. We are confident in our belief that we do not infringe the asserted patents, and that the patents will ultimately be found to be invalid. We also respectfully believe the court erred by failing to adequately consider evidence demonstrating that the patents asserted by 10x were funded by a grant of over $19 million from the National Institutes of Health that required open and non-exclusive licensing to promote the public interest… We believe that 10x Genomics has resorted to the courts and is misusing non-final court rulings as part of its commercial strategy to eliminate competition in the spatial transcriptomics market to the detriment of the public good. NanoString provides the scientific community with highly differentiated spatial biology tools with capabilities for both spatial transcriptomics and spatial proteomics that exceed those of any other spatial analysis systems… NanoString is committed to defending a competitive, innovative marketplace. We will immediately appeal the decision to the UPC Court of Appeal in Luxembourg. We look forward to presenting multiple arguments to invalidate the asserted patents and demonstrate our non-infringement of these patents at the full UPC hearings on the merits of our case. We do not yet have a date for those hearings.”