10x and President and Fellows of Harvard ordered to answer counterclaims asserted by Vizgen

Vizgen, Inc. (“Vizgen” or the “Company”), a life science leader dedicated to improving human health by visualizing single-cell spatial genomics information, today noted the order on Vizgen’s counterclaims against Plaintiffs 10x Genomics, Inc. (“10x”) and Harvard College (“Harvard”) issued by the United States District Court for the District of Delaware on July 10, 2023.

In the issued memorandum opinion and order, the Court directed 10x and Harvard to answer five out of the six Vizgen counterclaims which 10x and Harvard had moved to dismiss. These counterclaims, which were based on newly discovered information including a Freedom of Information Act Request to the National Institutes of Health (“NIH”), had been asserted by Vizgen in a previous court filing on April 25, 2023.

In particular, the Court rejected 10x and Harvard’s pleading challenge to Vizgen’s counterclaim counts 17 through 21, found that those counterclaims alleged plausible facts, and ruled 10x and Harvard must answer those counterclaims forthwith in the litigation. These counterclaims include allegations by Vizgen that:

• Counterclaim #17 – Conspiracy to Monopolize in Violation of 15 U.S.C. § 2 (against 10x and Harvard): That 10x and Harvard have engaged in an illegal conspiracy to monopolize the emerging market for single-cell spatial transcriptomics and had the specific intent to monopolize this market.

• Counterclaim #18 – Attempted Monopolization in Violation of 15 U.S.C. § 2 (against 10x): That 10x is attempting to monopolize the emerging market for single-cell spatial transcriptomics, and that 10x’s conduct has no legitimate business purpose or pro-competitive effect but is instead designed to yield a monopoly in that market.

• Counterclaim #19 and #20 – Violations of California's Cartwright Act and Unfair Competition Law (against 10x and Harvard): That 10x and Harvard committed acts of unfair competition, as defined by Sections 16720 and 17200, et seq., of the California Business and Professions Code.

• Counterclaim #21 – Mass. Gen. Law. Ch. 93A §§ 2 and 11 (related to misrepresentations) (against 10x and Harvard): That Dr. Church, through his lab and Harvard University and with the approval of Harvard, unlawfully made false statements to the NIH to secure an award of over $19 million in public funds; and that Harvard and 10x engaged in a pattern of unfair and deceptive conduct with respect to Vizgen knowingly and willfully.

10x and Harvard have been directed to answer Vizgen’s counterclaims within 21 days of yesterday’s ruling. The counterclaims that are the subject of the Court’s order are in addition to other counterclaims Vizgen has already asserted against 10x and Harvard in the litigation. The counterclaims include but are not limited to counterclaims for patent infringement (against 10x), for breach of the covenant of good faith and fair dealing (against Harvard), and for tortious interference with contractual and advantageous business relations (against 10x). 10x and Harvard’s motion to dismiss challenges to these other counterclaims were likewise rejected.

Vizgen is pleased with the Court’s ruling on counterclaims #17-21 and intends to continue to aggressively defend its pioneering MERSCOPE® Technology in the litigation.

The full order from the Court (Document 193) can be found in the public docket for Case 1:22-cv-00595-MFK with the United States District Court for the District of Delaware.

About Vizgen®

Vizgen® is dedicated to pioneering the next generation of genomics, providing tools that demonstrate the possibilities of in situ single-cell spatial genomics, setting the standard for the spatial genomics field. These tools are enabling researchers to gain new insight into the biological systems that govern human health and disease with spatial context. The company’s MERSCOPE® Platform enables massively multiplexed, genome-scale nucleic acid imaging with high accuracy and unrivaled detection efficiency at subcellular resolution. MERSCOPE provides transformative insight into a wide range of tissue-scale basic research and translational medicine in oncology, immunology, neuroscience, infectious disease, developmental biology, cell and gene therapy, and is an essential tool for accelerating drug discovery and development. For more information, go to www.vizgen.com. Connect on social media Twitter, LinkedIn and Facebook.

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