European Unified Patent Court Rules in Favor of Bruker and NanoString, Invalidating Patent Asserted By 10x Genomics against NanoString’s CosMx SMI Products
17 Octubre 2024 - 7:58AM
Business Wire
Bruker Corporation (Nasdaq: BRKR) today announced that the
European Unified Patent Court (UPC) has ruled in favor of its
NanoString business, invalidating European Patent No. 2794928B1
(the “928 Patent”), which has been asserted by 10x Genomics against
NanoString’s CosMx® Spatial Molecular Imager (SMI) products in
Europe. Today’s ruling follows the May 2024 decision of the German
Federal Patent Court, which declared the 928 Patent invalid and
revoked the patent in Germany. An appeal is pending in that case.
Today’s decision of the UPC expands on that German invalidity
ruling to further invalidate the 928 Patent in France and The
Netherlands. The ruling of the UPC is subject to appeal.
“We appreciate the thorough analysis of this patent by the UPC.
Today’s ruling marks the third decision of three separate courts in
less than a year vindicating our view that the patents being
asserted against us by 10x are invalid,” said Todd Garland,
President of the Bruker Spatial Biology division. “The UPC’s
decision supports our belief that 10x’s claims are meritless and
that 10x’s litigation tactics run counter to the interests of the
scientific research community. Bruker will build on this legal
victory and continue to defend the freedom of scientists to have
choices for the best spatial biology solutions for their
research.”
In February 2024, the UPC Court of Appeal issued an order based
on European Patent 4108782B1 (the “782 Patent”), a second patent
being asserted by 10x that is closely related to the 928 Patent. In
that order, the Court held that “it is more likely than not that
the patent at issue will prove to be invalid,” citing concerns
about the obviousness of the patent claims based on the prior art.
With today’s UPC ruling invalidating the 928 Patent, Bruker now
awaits an additional hearing before the UPC on the 782 Patent and
expects that patent to be declared invalid as well. No date has yet
been set for that hearing. In parallel European Patent Office (EPO)
opposition proceedings, the EPO has already issued a preliminary
non-binding opinion in which the 782 Patent as granted is
considered to be invalid. A hearing before the EPO is scheduled for
March 18, 2025.
About Bruker Corporation – Leader of the Post-Genomic Era
(Nasdaq: BRKR)
Bruker (Nasdaq: BRKR) is at the forefront of the post-genomic
era, helping scientists and engineers make groundbreaking
discoveries that enhance human life. Our high-performance
instruments and analytical solutions enable the exploration of life
and materials at the molecular, cellular, and microscopic levels.
Working closely with customers, we drive innovation, boost
productivity, and support success in life sciences, biopharma,
microscopy, nanoanalysis, industrial research, and next-gen
semiconductor metrology for AI. Bruker provides highly
differentiated, cutting-edge systems for preclinical imaging,
clinical phenomics, proteomics, multiomics, spatial and single-cell
biology, functional structural biology, clinical microbiology, and
molecular diagnostics. For more information, please visit
www.bruker.com.
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Media: Kevin Gamber Vice President, Downstream Marketing
Bruker Spatial Biology T: +1-314-662-9987 E:
kevin.gamber@bruker.com
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