Vizgen Open Letter to Customers and Researchers 

June 7, 2023 

Dear Customers, Researchers and Friends of Vizgen:

We are disappointed – though not surprised – that 10x Genomics has filed another lawsuit that attempts to undermine innovation, eliminate competition and intimidate both customers and industry peers. Although 10x’s UPC complaint is not yet available to us, we will keep you updated as we learn more. In the meantime, rest assured that we will vigorously defend our shared interests in all proceedings with the UPC, much like we have in the ongoing litigation in the U.S. District Court for the District of Delaware.

In the Delaware case, we have gone on the offensive to assert our own counterclaims against 10x as well as Harvard due to its conflicted role as licensor to both 10x and Vizgen, among other things. We will bring the same approach and level of resources to the proceedings with the UPC, and based on information currently available, we are confident in our ability to operate in the United States, and Europe. It should also be noted that merits and outcomes in the 10x vs. NanoString lawsuits are not applicable to MERSCOPE and bear little relevance to the 10x vs. Vizgen cases in the US or in Europe as MERSCOPE uses an approach that differs in material ways from NanoString CosMx’s approach.

Additionally, we believe it is very unlikely that a court with all relevant information would stop the sale of biomedical products, like MERSCOPE, being used for important research benefiting the public. Our view toward success is reinforced by the fact that the patents in question arose from a public grant that was conditioned on obligations to openly and non-exclusively license that technology to both academic centers and commercial entities, and that Vizgen itself is a Harvard licensee.

At Vizgen, we believe that researchers should have the ability to choose the best technologies that help advance science, discovery, and human health. There have been over 100 peer-reviewed and preprint publications demonstrating the groundbreaking utility and vast potential of MERFISH technology and thousands of biological samples run on MERSCOPE instruments which have contributed to important new discoveries in the life sciences field from human disease to plant biology. We also believe that while intellectual property plays a critical role for innovation, each party must be held accountable to meet certain ethical standards that do not compromise this critical mission for the scientific research community. We look forward to continuing to work with you by offering important products and innovations in the spatial biology field and advancing scientific progress together.

Please reach out with any questions.

All the best,

Terry Lo

President and CEO