No second PI for 10x against NanoString, UPC rules

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

No second PI for 10x against NanoString, UPC rules

Munich.jpg
Munich

Judge Matthias Zigann said the panel wasn’t convinced that NanoString had infringed the 10x Genomics patent

The Unified Patent Court refused to grant a second preliminary injunction for 10x Genomics against rival biotech company NanoString in Munich today, October 10.

Presiding judge Matthias Zigann said the panel was unconvinced that NanoString had infringed 10x’s patent.

The judge said the panel’s findings on infringement and validity were not prejudicial on the main proceedings.

10x won the first full PI hearing in the court’s history last month over a separate but related patent. That ruling meant NanoString cannot sell its allegedly infringing products in 17 European countries while proceedings are ongoing.

The lawsuit concerns NanoString’s CosMx Spatial Molecular Imager device and CosMx reagents for RNA detection.

10x claimed NanoString infringed patents related to Xenium, the company’s own RNA analysis tool that it launched in December 2022.

There is parallel litigation between the parties at the US District Court for the District of Delaware, where 10x has also filed two infringement lawsuits.

Trials have been scheduled in Delaware in November 2023 and September 2024.

NanoString has argued that 10x’s technology was originally developed at Harvard University with grant funding from the US National Institutes of Health, with the intention it would be made widely available via licensing.

Harvard exclusively licensed the technology to ReadCoor, which was acquired by 10x in 2020.

“In contrast with the promises made in the grant application, 10x is now using the acquired ReadCoor patents in lawsuits designed to reduce the scientific community’s access to innovative technologies intended for broad access,” NanoString has claimed.

Germany’s Federal Patent Court has also issued a preliminary opinion in which it found the claims of one of 10x’s key patents to be valid. An oral hearing has been scheduled for May 2024.

The Munich Regional Court, meanwhile, granted an injunction in favour of 10x in May this year. NanoString has appealed against that ruling to the Higher Regional Court.

10x may yet appeal the latest UPC ruling. The UPC has yet to schedule a date for a trial on the merits of the case.

more from across site and SHARED ros bottom lb

More from across our site

The firm was rebuilding its IP practice through a string of patent hires and a Texas expansion, but its dissolution has put the newly built talent back into the market
AI can exploit longstanding gaps in copyright protection at remarkable speed, but EU law still provides tools to fight back, says Simon Hembt at Bird & Bird
The firm has tapped a local patent trio to establish a foothold in the market and broaden its national presence
New Asia-Pacific IP head Jonathan Chu is eyeing opportunities arising from Chinese technology licensing, overseas enforcement and increasingly IP-heavy cross-border deals
Europe’s largest intellectual property convention and trade fair is back: IP Service World 2026 takes place in Munich from November 23–25 – the 16th edition, with 1,400-plus attendees from 55-plus nations, 100-plus speakers, and 100-plus exhibitors. Three days. Two focused areas. One IP marketplace.
Mehmet Gün and Uğur Aktekin discuss four decades of change in Türkiye’s legal market, the firm’s commitment to independence and the challenge of building an institution that can outlast its founders
Boehringer Ingelheim has instructed a team from Kirkland, while Teva is being represented by Pinsent Masons
The Delhi High Court’s latest directions offer an opportunity to move beyond remedies against bad-faith registrations and address how suspicious applications are identified in the first place, says Fatima Baig at Lexlinc
Camilla Hamrin describes how the acquisition by Acapo Onsagers will impact Bergenstråhle’s trademark practice – and reflects on changes she has seen over 30 years in IP
On a recent trip to the French capital, we learned that the UPC is squeezing domestic litigation while firms are chasing senior talent, experimenting with AI and considering new ways of organising their practices
Gift this article