Press release dated August 02, 2023

BARDEHLE PAGENBERG achieves another victory for
10x Genomics against NanoString
By judgement of July 20, 2023, the German Regional Court of Munich I
upheld the first ever anti-anti-suit/enforcement injunction in a German life
sciences patent case in favor of 10x Genomics (docket no. 7 O 5416/23). Thisis another win of 10x Genomics in an ongoing international patent litigation
battle against NanoString.
10x Genomics is a highly innovative US life science company that designs andmanufactures life science technology used in basic scientific research. In March 2022 it
filed two patent infringement lawsuits against NanoString with the Regional Court ofMunich I to protect ground-breaking intellectual property that underlies its Xenium
platform. 10x Xenium platform allows analyses of gene expression in tissues anddistinguishes itself in characteristics that matter most to scientists.

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The German patent infringement action against NanoString is based on indirect
infringement of claim 1 of European patent EP 2 794 928 B1 restricted particularly to insitu detection of RNA molecules (the patent). 10x Genomics obtained an exclusive license
to the patent from the patent owner President and Fellows of Harvard College (HarvardCorporation). On May 17, 2023 the Court held that NanoString Technologies Inc. andNanoString Technologies GmbH infringe the patent by offering and distributing theirproducts CosMx Spatial Molecular Imager and CosMx reagents in Germany for RNA
detection (docket nos. 7 O 2693/22 and 7 O 5812/22; BARDEHLE PAGENBERGpaves way to successful infringement proceedings for 10x Genomics with antianti-suit-injunction | BARDEHLE PAGENBERG; 10x Genomics Wins Permanent
Injunction Against NanoString's CosMx Products | 10x Genomics). Bothinjunctions were provisionally enforced against a security bond. NanoString Technologies
Inc. and NanoString Technologies GmbH filed an appeal which is pending.

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Prior to these judgements NanoString Technologies Inc. tried to prevent thepronouncement and enforcement by filing an anti-suit/enforcement injunction in parallel

In cooperation with:U.S. proceedings with the U.S. District Court for the District of Delaware on
April 27, 2023. On April 28, 2023, 10x Genomics obtained an ex parte anti-antisuit/enforcement injunction from the Regional Court of Munich I and initiated its
enforcement. Subsequently, NanoString Technologies Inc. withdrew their anti-

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Singaporesuit/enforcement injunction request before the U.S. Court and filed an appeal before theGerman Court. After the exchange of various briefs and an oral hearing held on
July 20, 2023, the German Court confirmed the anti-anti-suit/enforcement injunction by
judgment of the same day and ordered NanoString Technologies Inc. to bear the costs ofthe proceedings. The judgment is subject to another appeal.
Meanwhile parallel infringement proceedings for a preliminary injunction are pending
with the newly established European Unified Patent Court which will be heard in
September 2023 (10x Genomics Files Two New Lawsuits Requesting Preliminary

Injunctions Against NanoString's CosMx Products | 10x Genomics).
NanoString Technologies GmbH filed a nullity action against the German part ofEP 2 794 928 B1 (3 Ni 20/22 (EP)). However, pursuant to the written preliminary opinionof the Federal Patent Court of February 7, 2023, the patent is valid in the form asserted in
the infringement proceedings. A trial was scheduled for May 7, 2024.

Representatives of 10x Genomics:
BARDEHLE PAGENBERG (Munich, Germany)
Prof. Dr. Tilman Müller-Stoy (Lead Attorney-at-Law (Rechtsanwalt), Certified IP Lawyer,
Commercial Mediator (MuCDR), UPC Representative, Partner)
Dr. Tobias Wuttke (Attorney-at-Law (Rechtsanwalt), Certified IP lawyer, UPC
Representative, Partner)
Dr. Martin Drews (Attorney-at-Law (Rechtsanwalt), UPC Representative, SeniorAssociate)
Dr. Kerstin Galler (Attorney-at-law (Rechtsanwältin), UPC Representative, Associate)
Monika Harten, LL.M. (Univ. Chicago) (Attorney-at-law (Rechtsanwältin), Associate)
Representatives of NanoString Technologies:
Bird&Bird (Duesseldorf/Munich, Germany)
Oliver Jüngst, LL.M. (Attorney-at-Law)
Dr. Moritz Schroeder (Attorney-at-Law)
Regional Court of Munich I, 7th ChamberJudge Dr. Schön (Presiding Judge at the Regional Court)
Judge Dr. Schacht (Judge at the Regional Court)
Judge Dr. Kuttenkeuler (Judge at the Regional Court)

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BARDEHLE PAGENBERG combines the professional expertise of attorneys-at-law,patent attorneys, professional representatives before the European Patent Office,specialized trademark lawyers and qualified technical consultants. Our consulting services
are tailored to our clients' individual needs and the specific circumstances of each case.
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Press contact:
Gabriela Tröger

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Marketing & PR

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gabriela.troeger@bardehle.de81675 Munich

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