Vizgen, Inc., the life science company dedicated to improving human health by visualizing single-cell spatial genomics information, is very pleased to announce that, on March 7, 2024, the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO) denied 10x Genomics Inc.’s petition to institute an Inter Partes Review proceeding (IPR) against U.S. Patent 11,098,303 B2 (‘303 Patent), which Vizgen licenses exclusively from Harvard University. This is the latest in a series of rulings against 10x in its aggressive attempts to weaponize patents to dominate the field through baseless litigation.

In its decision denying the institution of an IPR of the ‘303 Patent, the PTAB noted that 10x’s petition was deficient under the law and did not demonstrate “a reasonable likelihood that [10x] would prevail with respect to at least 1 of the claims challenged in the petition.” The denial of petition IPR2023-01299, which is available here, represents a crucial win for Vizgen. In C.A. No. 22-595-MFK, the parallel case in the U.S. District Court for the District of Delaware, Vizgen has asserted a number of counterclaims including the assertion that the Xenium platform infringes certain claims of the ‘303 Patent.

“We are pleased with the PTAB’s decision to deny institution of the IPR filed by 10x. It is very encouraging to see our patent prevail on the basis of its technical and scientific contributions to the field. We believe the PTAB’s decision underscores the importance and value of Vizgen’s inventions,” said Terry Lo, CEO of Vizgen. “We are emboldened by the recent development and plan to persevere, investing time and resources in ensuring that the science of genomics moves forward to benefit researchers in their pursuit of advances in human health.”

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. The company has established the benchmark in spatial genomics and continues to drive industry innovation, delivering the highest sensitivity as well as excellent specificity and accuracy in cell segmentation. These tools enable researchers to gain new insight into the biological systems that govern human health and disease with spatial context. Vizgen’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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