10x Genomics, Inc. , a leader in single cell and spatial biology, announced today it had secured a permanent injunction in the U.S. District Court for the District of Delaware against the GeoMx products sold by Bruker Corporation , which acquired the product line from NanoString Technologies.

To minimize the risk of disruption to ongoing research, 10x Genomics requested a carve-out for GeoMx users who installed an instrument prior to the trial in November 2023.

The injunction, which the Court said it will enter in January 2025, is expected to prohibit Bruker from making, using, selling or offering to sell in the United States its GeoMx Digital Spatial Profiler and associated instruments, reagents and services for RNA and protein detection. At the request of 10x Genomics, the injunction will not block ongoing research by researchers who installed a GeoMx instrument prior to November 18, 2023. Such customers can continue to purchase GeoMx reagents for use with existing GeoMx instruments for purposes of continuing their ongoing research. The Court found that making such an exception for ongoing research strikes a "workable balance between protecting the patentee's rights and protecting the public from the injunction's adverse effects." In addition, the Court affirmed the $31 million damages awarded by the November 2023 jury verdict, as well as supplemental damages and interest that will be added to the total damages when final judgment is entered.  

"Today's decision helps to safeguard our decade-long investment in innovation and ensures we can continue to develop groundbreaking technologies that help our customers revolutionize science," said Eric Whitaker, Chief Legal Officer at 10x Genomics. "10x exists to fuel scientific progress – not stifle it – and that is why we've done our utmost to ensure this injunction was structured to protect both our intellectual property and existing GeoMx customers' ongoing research." 

The Court recognized the harm NanoString's infringing conduct caused 10x when it wrote in its ruling, "Having been careful not to license its technology, 10x suffers when it proclaims itself as an innovator in spatial genomics but a competitor is using the same innovative, patented technology."

Today's Court decision follows a November 2023 jury verdict that found that NanoString's GeoMx products willfully infringed seven patents exclusively licensed to 10x Genomics by Prognosys. During the trial, the jury heard testimony from the sole inventor of the patents, Illumina co-founder Mark Chee, and NanoString CEO Brad Gray and NanoString CSO Joe Beechem. After hearing all of the evidence, the jury determined that all seven patents had been infringed by NanoString, that each patent was valid, that NanoString willfully infringed those patents and that monetary damages were owed to 10x for the infringement of all seven patents. In affirming the jury's finding that NanoString willfully infringed, the Court relied on the evidence showing that NanoString knew or was willfully blind that its acts would cause infringement of 10x's rights.

The asserted patents in Case No. 21-cv-653-MFK include (a) U.S. Patent No. 10,472,669; (b) U.S. Patent No. 10,961,566; (c) U.S. Patent No. 10,983,113; (d) U.S. Patent No. 10,996,219; (e) U.S. Patent No. 11,001,878; (f) U.S. Patent No. 11,008,607 and (g) U.S. Patent No. 11,293,917.