Bruker Prepares to Challenge Injunction Ruling in Patent Infringement Case
A Setback for Bruker’s Spatial Biology Division
Bruker, a US-based company, is gearing up to challenge a court ruling that found its business, NanoString, guilty of patent infringement. The lawsuit, filed by 10x Genomics, revolves around products that profile the spatial distribution of RNA and protein expression across tissue samples.
The Background of the Case
In November 2023, the Delaware district court ruled in favor of 10x Genomics, stating that NanoString’s GeoMx Digital Spatial Profiler infringed on seven patents. NanoString, which was a publicly listed company at the time, filed for bankruptcy in February this year. Bruker acquired the business for $392.6 million just a month later.
The Latest Developments
On December 23, 2024, the court issued its ruling on post-trial motions, upholding damages of $31.6 million. However, enhanced damages requested by 10x were declined. The final motion, an injunction request by 10x, was granted, meaning sales of GeoMx products to new customers in the US will be halted.
Bruker’s Response
Bruker has expressed its disagreement with the decision to grant the injunction. Despite GeoMx instruments representing less than 0.2% of Bruker’s total revenue, the company is planning to take steps to protect the product line. According to Todd Garland, president of Bruker’s spatial biology division, “We expect to promptly seek a stay of any injunction that is finally ordered… We also look forward to the appeal of our case being heard by the US Court of Appeals for the Federal Circuit.”
The Impact on the Medical Diagnostics Market
Bruker has been actively bolstering its position in the medical diagnostics market. In February, it acquired molecular diagnostics company ELITechGroup for $942 million. Meanwhile, 10x Genomics is looking ahead to January 2025, when the injunction will be entered by the court.
Minimizing Disruption to Research
In a move to minimize disruption to research, 10x requested the injunction not to include researchers who installed a GeoMx instrument prior to November 2023. Reacting to the injunction, 10x Genomics legal officer Eric Whitaker stated that the decision safeguards “decade-long investment in innovation and ensures [10x] can continue to develop groundbreaking technologies that help our customers revolutionize science.”
What’s Next?
As the injunction takes effect, Bruker will be prohibited from making, using, selling, or offering the GeoMx device and its associated instruments, reagents, and services for RNA and protein detection. The company’s next move will be crucial in determining the future of its spatial biology division.
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