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10x Wins Injunction From Unified Patent Court Banning Sales of NanoString’s CosMx Products

in Europe

Second Injunction Issued Against CosMx

PLEASANTON, Calif., September 19, 2023 – 10x Genomics, Inc. (Nasdaq: TXG), a leader in single cell
and spatial biology, announced today that the European Unified Patent Court (“UPC”) issued a
preliminary injunction against NanoString Technologies, Inc. (Nasdaq: NSTG) for infringing European
Patent 4 108 782 B1 (“the EP 782 patent,” docket No 459746/2023). The preliminary injunction, issued
by a panel of four judges with both legal and technical expertise, prevents NanoString from selling or
providing services using its CosMx Spatial Molecular Imager (SMI) instruments and CosMx reagents for
RNA detection in all 17 countries of the UPC.

Eric S. Whitaker, Chief Legal Officer for 10x Genomics, said: “Since the formation of 10x, our
unwavering commitment has been to drive innovation to push science forward. We have made massive
investments in cutting edge research and development resulting in revolutionary products transforming
the world’s understanding of health and disease. The entire purpose of patent systems around the world is
to protect such innovations and encourage such investments. We will be steadfast in protecting the
inventions that scientists have worked so hard to create, as innovation is what fuels and funds the
development of future 10x technologies that benefit researchers – and ultimately patients.”

The injunction on the EP 782 patent requires that NanoString stop selling or providing services using the
CosMx SMI instruments as well as CosMx reagents for RNA detection in Austria, Belgium, Bulgaria,
Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the
Netherlands, Portugal, Slovenia and Sweden.

10x Genomics' acquisitions of ReadCoor and Cartana in 2020 accelerated its technology development of
the Xenium in situ platform and provided 10x with access to key inventions, including what became the
EP 782 patent, from the earliest pioneers of in situ analysis. This patent relates to the initial discoveries of
critical and foundational technical features for in situ analysis, which underpin 10x's Xenium platform, a
high performance system combining state-of-the-art instrumentation, curated and customizable gene
panels and robust software to deliver best-in-class sensitivity, specificity and throughput.

“A patent holder must meet a very high standard to win a preliminary injunction,” added Whitaker. “Two
separate courts have now found that NanoString’s CosMx products infringe two different 10x patents, and
three separate courts have preliminarily found the 10x patents valid in the asserted scope. In total, three
courts have analyzed hundreds of pages of arguments made by NanoString and have rejected
NanoString’s repeated claims that it does not infringe 10x patents, that the patents are invalid or that
NanoString’s claims to a license have merit. Although we welcome legitimate competition on the merits,
competition based on our own innovations must stop.”
The ruling of the UPC is subject to appeal. The preliminary injunction takes immediate effect today. The
full opinions of the Unified Patent Court will be posted here when available:
10xgen.com/munich-spatial-news.

Related Litigation

In a separate case before the UPC, 10x also requested a preliminary injunction against the CosMx Spatial
Molecular Imager (SMI) instruments and CosMx reagents for RNA detection for infringing European
Patent 2 794 928 B1 ("the EP 928 patent," docket No 459996/2023), which is in effect in France and the
Netherlands in addition to Germany. The UPC held a hearing on this request today and announced that it
expected to issue a decision on October 10, 2023.

In the United States, 10x filed suit against NanoString in the U.S. District Court for the District of
Delaware alleging that NanoString's GeoMx Digital Spatial Profiler and associated instruments, reagents
and services infringe: (a) U.S. Patent No. 10,472,669; (b) U.S. Patent No. 10,961,566; (c) U.S. Patent No.
10,983,113; (d) U.S. Patent No. 10,996,219; (e) U.S. Patent No. 11,001,878; (f) U.S. Patent No.
11,008,607 and (g) U.S. Patent No. 11,293,917. Trial is scheduled for November 2023. On September 7,
the Court issued summary judgment in favor of 10x and dismissed NanoString’s defenses relating to
invalidity for indefiniteness. 10x has stated that it intends to seek more than $30 million in damages for
sales prior to trial; this amount can be trebled in the event that the jury finds NanoString’s infringement
willful. 10x also intends to seek an injunction against sales of GeoMx as well as ongoing damages.

10x filed a second suit against NanoString in the U.S. District Court for the District of Delaware alleging
that NanoString's CosMx Spatial Molecular Imager and associated instruments, reagents and services
infringe multiple patents in the same patent family as EP 782 and EP 928, the patents NanoString has
been enjoined from infringing by the UPC and German courts. The patents asserted in the second U.S.
suit against NanoString include (a) U.S. Patent No. 10,227,639; (b) U.S. Patent No. 11,021,737; (c) U.S.
Patent No. 11,293,051; (d) U.S. Patent No. 11,293,052; (e) U.S. Patent No. 11,293,054 and (f) U.S. Patent
No. 11,542,554. Trial is scheduled for September 2024.

As previously announced, in February 2023, a five judge panel from the German Federal Patent Court,
which included technical experts, issued a preliminary opinion finding the asserted claims of the EP 928
patent valid (docket no. 3 Ni 20/22). An oral hearing is scheduled for May 7, 2024. On May 17, a three
judge panel of the Munich Regional Court found that the EP 928 patent was infringed and issued an
injunction that requires NanoString to stop selling and supplying CosMx SMI instruments as well as
CosMx reagents for RNA detection in Germany (docket No. 7 O 2693/22). NanoString appealed this
decision to the Higher Regional Court Munich (docket No. 6 U 2360/23 e). A decision is not expected
before late 2024.

Prior to today’s preliminary injunction ruling on the EP 782 patent, 10x filed two main actions before the
UPC to obtain decisions on the merits regarding infringement of the EP 782 and EP 928 patents by
NanoString selling or providing services using its CosMx Spatial Molecular Imager (SMI) instruments
and CosMx reagents for RNA detection. Decisions on both main actions are expected for late 2024
(docket No 568963/2023 re EP 782; docket No 573637/2023 re EP 928).
About 10x Genomics
10x Genomics is a life science technology company building products to accelerate the mastery of
biology and advance human health. Our integrated solutions include instruments, consumables and
software for single cell and spatial biology, which help academic and translational researchers and
biopharmaceutical companies understand biological systems at a resolution and scale that matches the
complexity of biology. Our products are behind breakthroughs in oncology, immunology, neuroscience
and more, fueling powerful discoveries that are transforming the world's understanding of health and
disease. To learn more, visit 10xgenomics.com or connect with us on LinkedIn or X (Twitter).

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