In a resounding victory, 10x Genomics has emerged triumphant in yet another patent infringement case against NanoString Technologies. The U.S. District Court for the District of Delaware rendered a unanimous verdict in favour of 10x Genomics, awarding over $31 million in damages. The ruling signifies a significant milestone, as the jury found all seven asserted patents to be valid and wilfully infringed by NanoString's GeoMx Digital Spatial Profiler and associated products.
This legal saga, revolving around the GeoMx products, unveils a pattern of serial infringement by NanoString, with this being the third ruling against the company in the past six months. The decision underscores the gravity of NanoString's actions, confirming that its GeoMx products wilfully infringed patents owned by Prognosis and exclusively licensed to 10x Genomics.
The awarded damages, totalling over $31 million, reflect the jury's acknowledgment of NanoString's infringement from May 6, 2021, through October 13, 2023. Post-trial, 10x Genomics plans to pursue ongoing royalties for infringements post-October 13, 2023, treble damages, attorney's fees for wilful infringement, a permanent injunction against GeoMx product sales in the United States, and pre- and post-judgment interest.
Eric Whitaker, Chief Legal Officer at 10x Genomics, emphasizes the significance of this victory, noting that three separate courts in the past six months have found NanoString's products to infringe nine distinct 10x patents. The repeated legal setbacks highlight the need for NanoString to acknowledge the infringement and for 10x Genomics to protect its patents to continue advancing scientific innovation.
During the trial, the jury heard compelling testimony from key figures, including the sole inventor of the patents, Mark Chee, co-founder of Illumina, and NanoString's CEO Brad Gray and CSO Joe Beechem. The unanimous verdict reinforces the severity of NanoString's actions, affirming wilful infringement in reckless disregard of 10x's rights.
The asserted patents in this case, including U.S. Patent Nos. 10,472,669; 10,961,566; 10,983,113; 10,996,219; 11,001,878; 11,008,607; and 11,293,917, form the backbone of 10x Genomics' intellectual property portfolio and were instrumental in securing this legal victory.
This ruling marks the third instance within six months that NanoString has been found to infringe 10x Genomics patents, following similar decisions in the European Unified Patent Court and the Munich Regional Court. As the legal battles persist, it raises questions about NanoString's future strategies and the potential impact on its product development and market presence.
In a separate suit, 10x Genomics has an ongoing case against NanoString in the U.S. District Court for the District of Delaware, alleging infringement by NanoString's CosMx Spatial Molecular Imager. The legal landscape is intensifying, with a trial scheduled for September 2024.
As 10x Genomics celebrates this legal triumph, the broader implications for the life sciences and technology industry come into focus. The ongoing efforts to safeguard intellectual property underscore the critical role patents play in fostering innovation and ensuring fair competition. The outcome of this case adds another note to the evolving symphony of patent disputes, highlighting the need for vigilance and strategic defence in an era where technological advancements drive scientific progress.