German Litigation FAQ

Has there been any progress toward lifting the injunction against CosMx SMI in Germany?

On December 20, the Munich Higher Regional Court issued a stay of the injunction in Germany. A lower court in Munich had imposed an injunction preventing the sale and marketing of NanoString’s CosMx Spatial Molecular Imager (SMI) for RNA detection in May 2023.

In this latest ruling, Germany’s Higher Regional Court identified concerns with the lower court’s analysis of NanoString’s non-infringement position. The court decided these issues merited a lifting of the injunction pending the appeal of the lower court’s decision. This ruling is subject to NanoString’s payment of a bond. 

We are encouraged by the Munich Higher Regional Court’s review of the case and believe that the issues on which the court focused with respect to non-infringement of the patents will be important in the appeal process and may potentially lead to a reversal of the lower court’s infringement finding entirely. We expect that process to run into the middle of 2024.