German Federal Patent Court Invalidates Patent Asserted By 10x Genomics, Delivering Legal Win to NanoString and Bruker
07 Mai 2024 - 8:04PM
Business Wire
NanoString, now a Bruker business, will
promptly seek an end to the injunction impacting sales of CosMx SMI
products in Germany
Bruker Corporation (Nasdaq: BRKR) today announced that the
German Federal Patent Court has ruled in favor of NanoString
Technologies Germany GmbH by invalidating European Patent No.
2794928B1 (the “928 Patent”) in Germany (case 3 Ni 20/22).
NanoString is now a Bruker business following Bruker’s asset
acquisition of the businesses of NanoString Technologies, Inc on
May 6th, 2024. The 928 Patent has been asserted by 10x Genomics
against NanoString in patent infringement cases in Germany and
before the European Unified Patent Court (UPC) involving
NanoString’s CosMx Spatial Molecular Imager (SMI) products for RNA
detection. The Federal Patent Court ruled that the German part of
the 928 Patent is invalid.
“NanoString has consistently maintained that the patents being
asserted by 10x Genomics against NanoString’s CosMx SMI products
are invalid. Today’s ruling of the German Federal Patent Court is a
decisive victory for NanoString and Bruker and a resounding
vindication of NanoString’s belief from the outset that these cases
are without merit. This ruling is also a win for science and
enables a re-leveling of the playing field in the research tools
industry in Germany,” commented Dr. Mark R. Munch, President of the
Bruker NANO Group.
Today’s decision in Germany follows NanoString’s win before the
UPC Court of Appeal in Luxembourg in February on a related patent.
In that case, the Court overturned a preliminary injunction that
had previously been issued by a lower court based on the closely
related European Patent 4108782B1 (the “782 Patent”). The UPC Court
of Appeal noted in its February ruling that it was likely “that the
patent at issue will not prove to be valid,” citing concerns about
the obviousness of the patent claims based on the prior art.
Today’s decision of the German Federal Patent Court is in line with
that separate court’s analysis.
“Today’s win is further evidence of the turning of the tide in
our favor in these cases,” Dr. Munch added. “Bruker expects to
build on this significant legal victory and to further fight for
scientific freedom.”
Following today’s win, NanoString will promptly ask the German
Higher Regional Court of Munich to permanently lift the injunction
impacting NanoString’s CosMx products and the scientists who rely
on them in Germany. In December 2023, the German Higher Regional
Court of Munich cited concerns with the lower Munich Regional
Court’s May 2023 decision and granted NanoString the right to have
the injunction on sales of CosMx products in Germany lifted,
subject to payment of a bond. NanoString also expects to have its
attorneys’ fees and related legal expenses reimbursed in light of
today’s ruling.
About Bruker Corporation – Leader of the Post-Genomic Era
(Nasdaq: BRKR)
Bruker is enabling scientists and engineers to make breakthrough
post-genomic discoveries and develop new applications that improve
the quality of human life. Bruker’s high-performance scientific
instruments and high-value analytical and diagnostic solutions
enable scientists to explore life and materials at molecular,
cellular, and microscopic levels. In close cooperation with our
customers, Bruker is enabling innovation, improved productivity,
and customer success in post-genomic life science molecular and
cell biology research, in applied and biopharma applications, in
microscopy and nanoanalysis, as well as in industrial and cleantech
research, and next-gen semiconductor metrology in support of AI.
Bruker offers differentiated, high-value life science and
diagnostics systems and solutions in preclinical imaging, clinical
phenomics research, proteomics and multiomics, spatial and
single-cell biology, functional structural and condensate biology,
as well as in clinical microbiology and molecular diagnostics. For
more information, please visit www.bruker.com.
About NanoString Technologies, Inc.
NanoString Technologies, a leader in spatial biology, offers an
ecosystem of innovative discovery and translational research
solutions, empowering our customers to map the universe of biology.
The GeoMx® Digital Spatial Profiler is a flexible and consistent
solution combining the power of whole tissue imaging with gene
expression and protein data for spatial whole transcriptomics and
proteomics. The CosMx™ Spatial Molecular Imager is a single-cell
imaging platform powered by spatial multiomics enabling researchers
to map single cells in their native environments to extract deep
biological insights and novel discoveries from one experiment. The
AtoMx™ Spatial Informatics Platform is a cloud-based informatics
solution with advanced analytics and global collaboration
capabilities, enabling powerful spatial biology insights anytime,
anywhere. At the foundation of our research tools is our nCounter®
Analysis System, which offers a secure way to easily profile the
expression of hundreds of genes, proteins, miRNAs, or copy number
variations, simultaneously with high sensitivity and precision. For
more information, please visit www.nanostring.com.
Cautionary Statement Regarding Forward-Looking
Statements
This communication contains “forward-looking statements.” All
statements, other than statements of historical facts, including
statements concerning ongoing litigation and appeals; Bruker’s and
NanoString’s plans, objectives, goals, beliefs, strategy and
strategic objectives, future events, business conditions, results
of operations, financial position, business outlook, business
trends and other information, may be forward-looking statements.
Forward-looking statements generally can be identified by the use
of forward-looking terminology such as “anticipate,” “believe,”
“contemplate,” “continue,” “could,” “estimate,” “expect,” “goal,”
“intend,” “may,” “plan,” “potential,” “predict,” “project,” “seek,”
“should,” “strategy,” “target,” or “will” or the negatives of these
terms or variations of them or similar terminology. Readers are
cautioned that any such forward-looking statements are not
guarantees of future performance and involve risks and
uncertainties and are cautioned not to place undue reliance on
these forward-looking statements. Actual results may differ
materially from those currently anticipated due to a number of
risks and uncertainties. Risks and uncertainties include, but are
not limited to, expectations regarding litigation and remedies, the
ultimate disposition of the pending litigation, expectations around
seeking costs and damages, and the impact of the pending litigation
on our business and our operations and business outlook. For
further discussion of these and other risks and uncertainties, see
Bruker’s most recent Form 10-K and Form 10-Q filings with the SEC.
Except as required by law, Bruker does not undertake any duty to
update forward-looking statements to reflect events after the date
of this press release.
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Justin Ward Sr. Director, Investor Relations & Corporate
Development Bruker Corporation T: +1 (978) 313-5800
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