The UPC Means Business: Patentee Wins Preliminary Injunction

McDermott Will & Emery

The Unified Patent Court’s (UPC) Local Division Munich has granted a preliminary injunction in favor of 10x Genomics, preventing NanoString Technologies, Inc. from selling its CosMx Spatial Molecular Imager (SMI) instruments and CosMx reagents for RNA detection in 17 European Union countries.

The decision was announced on September 20, 2023, after a two-day hearing held on September 5 and 6. This ruling confirms that the UPC is willing to take swift, decisive action in favor of plaintiffs, providing yet another win for patentees seeking to prevent alleged infringement. Notably, the Local Division Munich granted the preliminary injunction notwithstanding that the asserted claims had been amended from their original form as granted and signaled a willingness to consider further amended claims (i.e., auxiliary requests).

This case is part of a broader campaign between 10x Genomics and NanoString Technologies that includes US litigation, German national litigation and European Patent Office (EPO) opposition proceedings. 10x Genomics previously obtained an injunction against the CosMx SMI instruments in a German national court. At the UPC, 10x Genomics brought infringement proceedings against NanoString Technologies and Vizgen, Inc. based on European Patent (EP) 4 108 782 B1, with stated case values of €10 million each. In response, NanoString Technologies filed for revocation of the patent on which the previous German injunction was based (EP 2 794 928 B1) and opposed EP 4 108 782 B1 at the EPO.

While NanoString Technologies can appeal the decision, its stock price has reportedly dropped by 13% following the UPC’s ruling.

[View source.]

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