GeoMx DSP Litigation FAQ

What was announced by the U.S. District Court on November 17, 2023?

In a case in which 10x Genomics sued NanoString for patent infringement against NanoString for its GeoMx® Digital Spatial Profiler products, a jury found that NanoString infringes and awarded approximately $31.5 million in damages. We believe the jury erred in its verdict and will appeal. We continue to believe the patents are invalid, that we do not infringe them, and that we will be vindicated on appeal.

Are there any changes to the global commercial availability of the GeoMx DSP platform and its related products?

No injunction on sales of GeoMx DSP was issued by the jury and therefore there are no changes to the global commercial availability of the GeoMx instrument and related products. We are confident that this case does not meet the U.S. legal standards for injunctive relief and we expect to defeat any request for an injunction during post-trial procedures.

Why does NanoString believe it will be more successful on appeal?

The patents 10x Genomics asserted describe a fundamentally different method than what is used for the GeoMx instrument. We believe the patent claims will be construed accordingly by the appeals court and we remain confident that the patents are invalid. Patent cases are complex and very demanding for jurors unfamiliar with the technologies they are examining. Rulings are often overturned by higher courts.

When is the appeal?

NanoString will file an appeal upon the conclusion of post-trial motions. The appeals process typically takes 12 to 18 months.