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

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

In other news, Australia’s IP office has announced expanded search options, and an EPO report shed light on slow progress relating to women inventors in Europe
Managing IP speaks with up-and-coming women lawyers at five law firms about fighting imposter syndrome, maintaining work-life balance and why real representation matters
Kilpatrick’s managing partner for San Francisco discusses taking the longer route to partnership, the importance of female mentors, and strengthening office culture
Home-working and grace periods at IP offices have been announced, while Managing IP understands Iran’s IP office is out of service
With INTA 2026 just two months away, London-based IP practitioners offer tips on making the most out of the city
New platform, which covers SEPs for the Wi-Fi 6 and Wi-Fi 7 standards, includes 10 patent owners
The Texas-based IP litigation hires take King & Spalding’s partner appointments from pre-merger Winston & Strawn up to 12 this year
Sunny Su explains how her team overcame challenges with orchard evidence collection to secure a favourable plant variety decision from China’s top court
Flexible working firm continues trajectory from 2025 with appointment of Matthew Grant and Letao Qin
Anousha Davies, associate and trademark attorney at Birketts, unpicks how the university’s reputation enabled it to see off a proposed trademark for ‘Cambridge Rowing’
Gift this article