Bruker (BRKR) commented today on the ruling by the U.S. District Court for the District of Delaware in the case involving GeoMx Digital Spatial Profiler products sold by its NanoString (NSTG) business. “Yesterday, the Court issued its ruling on post-trial motions following the November 2023 jury verdict in the patent infringement case between NanoString and 10x Genomics. In its ruling, the District Court upheld the jury’s damages award of approximately $31.6 million plus interest and a damages adjustment for GeoMx’s sales since the November 2023 verdict, while denying the request for 10x increased damages and attorneys’ fees. The Court stated that it would grant 10x’s request for an injunction against GeoMx products in the United States, while noting that the proposed injunction includes an exception for sales of consumables to GeoMx’s existing installed base of customers as of of the November 2023 verdict so they can complete their ongoing investigation. More details about any applicable court orders and exceptions are expected to become clearer in the coming weeks. “The ruling does not affect the CosMx or nCounter product lines, which Bruker also acquired from NanoString in its May 2024 asset purchase transaction. GeoMx instrument revenue represents less than 0.2% of Bruker’s total revenue,” it stated. Bruker. Todd Garland, president of the Bruker Spatial Biology division, added: “We respectfully disagree with the District Court’s decision to grant an injunction regarding sales of GeoMx products to new customers in the United States and look forward to requesting immediately suspend any precautionary measure that is finally ordered. We also expect the appeal of our case to be heard by the U.S. Court of Appeals for the Federal Circuit, a court that specializes in patent disputes. We remain firm in our opinion that the patents that were licensed by 10x and claimed against us are invalid and describe a fundamentally different method than that used by the GeoMx system. We firmly believe that we should be vindicated on appeal. Bruker remains dedicated to ensuring that the scientific community has the freedom to select the best space biology platforms to advance their research.”
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