The jury in the US District Court for the District of Delaware set the award based on the sales of the infringing GeoMx products from 6 May 2021 through 13 October 2023.
10x also plans to seek royalties on GeoMx product sales after 13 October 2023, pre-judgment and post-judgment interest, along with the treble damages and attorney’s fees.
The US-based company also plans to seek an injunction against NanoString barring the latter from “making, using, selling and offering for sale the GeoMx products in the US”.
The seven infringed patents are owned by Prognosys and are exclusively licensed to 10x. The lawsuit found that “NanoString’s GeoMx Digital Spatial Profiler and associated instruments, reagents and services for RNA and protein detection wilfully infringe[d]” on the seven 10x patents.
“In the last six months, three separate courts have found that both NanoString’s CosMx and GeoMx products infringe nine separate 10x patents,” said 10x chief legal officer Eric Whitaker.
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“At some point, NanoString must drop the charade that it is ‘confident’ it does not infringe the 10x patents and the patents are invalid.”
The Delaware ruling is the third consecutive time that NanoString has been found to infringe 10x patents. Apart from NanoString, 10x also filed a patent infringement suit against Vizgen’s MERSCOPE products in the European Unified Patent Court in June.
Last month, Europlasma filed a copyright infringement lawsuit regarding plasma coating machines against Nanowatt in Ghent, Belgium. The lawsuit also included two former Europlasma employees who left to work at Nanowatt.