Bruker Announces that Injunction Impacting NanoString’s CosMx Spatial Molecular Imager Products in Germany Has Been Suspended Effective Immediately
The patent at issue was ruled invalid by the German Federal Patent Court in May 2024
BILLERICA, Mass.--(BUSINESS WIRE)-- Bruker Corporation (Nasdaq: BRKR) today announced that it has posted a bond, as authorized by the Munich Higher Regional Court, in order to suspend an injunction that had been impacting sales of CosMx™ Spatial Molecular Imager (SMI) products by its NanoString business in Germany. This development is connected with ongoing patent litigation with 10x Genomics, during an appeal process in Germany. Effective immediately, all CosMx products are once again available to German scientific instrument customers.
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. The Munich Higher Regional Court ruled that suspending enforcement of the injunction was appropriate, since the lower court had failed to address aspects of the case that were relevant to the decision. The Court observed that a disputed feature of the patent at issue was seemingly overlooked by the lower court.
“We are thrilled that our customers in Germany have regained access to our full suite of products for the CosMx instrument, with the highest functionality of any imager available in the spatial transcriptomics market,” said Todd Garland, President of the NanoString division.