Bruker ‘respectfully disagrees’ with District Court, to seek stay of injunction
Bruker (BRKR) earlier today commented on the ruling of 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 the post-trial motions that followed 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 true-up for GeoMx sales since the November 2023 verdict, while declining 10x’s request for enhanced 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 a carve out for sales of consumables to the installed base of GeoMx customers existing as of the November 2023 verdict in order for them to complete their ongoing research. Further details regarding any injunction and applicable carve outs are expected to be clarified in the coming weeks. The ruling does not impact the CosMx or nCounter product lines, which Bruker also acquired from NanoString in its asset purchase transaction of May 2024. GeoMx instrument revenue represent less than 0.2% of Bruker’s total revenue,” Bruker stated. Todd Garland, President of the Bruker Spatial Biology division, added: “We respectfully disagree with the District Court’s decision to grant an injunction with respect to sales of GeoMx products to new customers in the United States and 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 U.S. Court of Appeals for the Federal Circuit, a court that specializes in patent disputes. We remain steadfast in our view that the patents that were licensed by 10x and asserted against us are invalid and describe a fundamentally different method than what is used by the GeoMx system. We strongly believe that we should be vindicated on appeal. Bruker remains dedicated to ensuring that the scientific community has the freedom to select the best spatial biology platforms to advance their research.”
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