NanoString Comments on Unified Patent Court Order
20 9월 2023 - 12:54AM
Business Wire
NanoString Will Immediately Appeal Preliminary
Injunction Temporarily Blocking NanoString’s Ability to Market and
Sell CosMx Spatial Molecular Imager Products for RNA Detection
within UPC Member Countries in Europe
NanoString Technologies, Inc. (NASDAQ: NSTG), a leading provider
of life science tools for discovery and translational research,
commented on today’s order from the European Unified Patent Court
(UPC) granting a preliminary injunction effective immediately in 17
Member States of the European Union against NanoString’s CosMx™
Spatial Molecular Imager (SMI) products for RNA detection in
NanoString’s ongoing patent dispute with 10x Genomics and
Harvard:
“We are disappointed with today’s decision by
the UPC and will immediately appeal the preliminary injunction in
the UPC Court of Appeal in Luxembourg. We are confident in our
belief that we do not infringe the asserted patents, and that the
patents will ultimately be found to be invalid. We also
respectfully believe the court erred by failing to adequately
consider evidence demonstrating that the patents asserted by 10x
were funded by a grant of over $19 million from the National
Institutes of Health that required open and non-exclusive licensing
to promote the public interest.
NanoString remains steadfast in our
commitment to defend the scientific community’s access to our
products and researchers’ scientific freedom to select the
platforms that best advance their research. Importantly, today’s
ruling does not impact NanoString’s legal ability to market or sell
CosMx SMI products for protein detection in the European Union, nor
does it impact the lawful selling of any NanoString CosMx SMI
products in the United States, the United Kingdom or the rest of
the world outside of the EU member states participating in the UPC
system.
We believe that 10x Genomics has resorted to
the courts and is misusing non-final court rulings as part of its
commercial strategy to eliminate competition in the spatial
transcriptomics market to the detriment of the public good.
NanoString provides the scientific community with highly
differentiated spatial biology tools with capabilities for both
spatial transcriptomics and spatial proteomics that exceed those of
any other spatial analysis systems. We are proud of the role our
CosMx SMI products serve in helping the scientific community to
better understand the genome and its functions and ultimately drive
breakthrough scientific discoveries that produce lifesaving medical
benefits for patients around the world.
NanoString is committed to defending a
competitive, innovative marketplace. We will immediately appeal the
decision to the UPC Court of Appeal in Luxembourg. We look forward
to presenting multiple arguments to invalidate the asserted patents
and demonstrate our non-infringement of these patents at the full
UPC hearings on the merits of our case. We do not yet have a date
for those hearings.”
Brad Gray, President and CEO, NanoString
Technologies, Inc.
Today’s order relates to European Patent 4108782B1 (the “‘782
Patent”). The UPC announced that it would issue a decision in the
preliminary injunction matter related to European Patent 2794928B1
(the “‘928 Patent”) on Tuesday, October 10, 2023.
As of August 31, 2023, NanoString currently estimates that less
than 10% of the CosMx instruments orders in backlog are for the EU
countries directly impacted by this decision. NanoString management
is reiterating its guidance for fiscal year 2023 total revenue of
between $175 -$185 million.
About NanoString Technologies, Inc.
NanoString Technologies, a leader in spatial biology, offers an
ecosystem of innovative discovery and translational research
solutions, empowering our customers to map the universe of biology.
The GeoMx® Digital Spatial Profiler is a flexible and consistent
solution combining the power of whole tissue imaging with gene
expression and protein data for spatial whole transcriptomics and
proteomics. The CosMx™ Spatial Molecular Imager is a single-cell
imaging platform powered by spatial multiomics enabling researchers
to map single cells in their native environments to extract deep
biological insights and novel discoveries from one experiment. The
AtoMx™ Spatial Informatics Platform is a cloud-based informatics
solution with advanced analytics and global collaboration
capabilities, enabling powerful spatial biology insights anytime,
anywhere. At the foundation of our research tools is our nCounter®
Analysis System, which offers a secure way to easily profile the
expression of hundreds of genes, proteins, miRNAs, or copy number
variations, simultaneously with high sensitivity and precision. For
more information, please visit www.nanostring.com.
Forward-Looking Statements
This news release contains forward-looking statements within the
meaning of Section 27A of the Securities Act of 1933 and Section
21E of the Securities Exchange Act of 1934 and the Private
Securities Litigation Reform Act of 1995. These forward-looking
statements include statements regarding our intention to appeal the
decision of the European Unified Patent Court, our expectations
regarding litigation and remedies, the expected timing of the
ongoing litigation, the ultimate disposition of the pending
litigation, the impact of the pending litigation on our business,
our operations and business outlook, and our estimated 2023
operating results. Such statements are based on current assumptions
that involve risks and uncertainties that could cause actual
outcomes and results to differ materially. These risks and
uncertainties, many of which are beyond our control, include that
we may not successfully appeal the European Unified Patent Court’s
decision, we may be unsuccessful in the litigation; ongoing
litigation may be prolonged, and a final disposition may be
delayed; market acceptance of our products; adverse conditions in
the general domestic and global economic markets; the effects of
ongoing litigation on our business; the impact of competition; as
well as the other risks set forth in our filings with the
Securities and Exchange Commission. These forward-looking
statements speak only as of the date hereof. NanoString
Technologies disclaims any obligation to update these
forward-looking statements.
The NanoString logo, NanoString, NanoString Technologies, GeoMx,
CosMx, AtoMx and nCounter are trademarks or registered trademarks
of NanoString Technologies, Inc., in various jurisdictions.
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version on businesswire.com: https://www.businesswire.com/news/home/20230919254224/en/
Doug Farrell Vice President, Investor Relations & Corporate
Communications dfarrell@nanostring.com Phone: 206-602-1768
NanoString Technologies (NASDAQ:NSTG)
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