Vizgen Announces Significant Win in Ongoing Patent Litigation Against 10x Genomics and Harvard University

U.S. District Court grants Vizgen motion to expand antitrust case against 10x and Harvard based on newly discovered evidence.

CAMBRIDGE, Mass. May 6, 2024, Vizgen, Inc., the life science company dedicated to improving human health by visualizing single-cell spatial genomics information, has achieved a significant victory in its ongoing legal battle with 10x Genomics and Harvard University.  The U.S. District Court recently ruled in Vizgen’s favor, allowing Vizgen to expand its case based on new evidence uncovered during discovery in the litigation.

The Court’s ruling substantially strengthens Vizgen’s position against 10x Genomics and Harvard, who must now defend against additional allegations of antitrust violations.  Despite strenuous objections from 10x and Harvard, the Court approved Vizgen’s request to amend the claims to include additional antitrust allegations relating to 10x’s anticompetitive economic practices.

These new allegations bolster Vizgen’s existing antitrust counterclaims against both 10x and Harvard, accusing them of conspiring to monopolize the market and obstructing Vizgen’s ability to compete globally. Included in the new allegations are anticompetitive activities including unlawful bundling of 10x Genomics’ existing Chromium and Visium franchise with its Xenium product, and predatory pricing.

“We are very pleased with the Court’s decision,” said Terry Lo, CEO of Vizgen. “Vizgen remains committed to fair competition and innovation in the single-cell spatial genomics landscape. These recent developments represent progress in protecting researchers’ access to our groundbreaking MERSCOPE® and MERFISH technologies, and our fight against monopolistic anticompetitive practices.”

In addition to allowing the amendments proposed by Vizgen, the Court also agreed with Vizgen that certain of Harvard’s witnesses were “knowingly” engaged in deposition misconduct and purposeful delay.  As a result, the Court has granted Vizgen additional deposition time.

To address Vizgen’s new antitrust allegations, the Court extended the case schedule, setting a new trial date in early February 2025.

Case details:

United States District Court for the District of Delaware
10x Genomics, Inc. and President and Fellows of Harvard College, Plaintiffs, v. Vizgen, Inc., Defendant. July 10, 2023.
Case No. 1:22-cv-000595-MFK

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.

Brittany Auclair