Bruker Comments on Delaware District Court’s Post-Trial Ruling in Case Involving GeoMx Digital Spatial Profiler Products
24 Dicembre 2024 - 3:28PM
Business Wire
Bruker Corporation (Nasdaq: BRKR) 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 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.
“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,” said Todd Garland,
President of the Bruker Spatial Biology division. “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.”
About Bruker Corporation – Leader of the Post-Genomic Era
(Nasdaq: BRKR)
Bruker is enabling scientists and engineers to make breakthrough
post-genomic discoveries and develop new applications that improve
the quality of human life. Bruker’s high performance scientific
instruments and high value analytical and diagnostic solutions
enable scientists to explore life and materials at molecular,
cellular, and microscopic levels. In close cooperation with our
customers, Bruker is enabling innovation, improved productivity,
and customer success in post-genomic life science molecular and
cell biology research, in applied and biopharma applications, in
microscopy and nanoanalysis, as well as in industrial and cleantech
research, and next-gen semiconductor metrology in support of AI.
Bruker offers differentiated, high-value life science and
diagnostics systems and solutions in preclinical imaging, clinical
phenomics research, proteomics and multiomics, spatial and
single-cell biology, functional structural and condensate biology,
as well as in clinical microbiology and molecular diagnostics. For
more information, please visit www.bruker.com.
Cautionary Statement Regarding Forward-Looking
Statements
This communication contains “forward-looking statements.” All
statements, other than statements of historical facts, including
statements concerning ongoing litigation and appeals; Bruker’s
plans, objectives, goals, beliefs, strategy and strategic
objectives, future events, business conditions, results of
operations, financial position, business outlook, business trends
and other information, may be forward-looking statements.
Forward-looking statements generally can be identified by the use
of forward-looking terminology such as “anticipate,” “believe,”
“contemplate,” “continue,” “could,” “estimate,” “expect,” “goal,”
“intend,” “may,” “plan,” “potential,” “predict,” “project,” “seek,”
“should,” “strategy,” “target,” or “will” or the negatives of these
terms or variations of them or similar terminology. Readers are
cautioned that any such forward-looking statements are not
guarantees of future performance and involve risks and
uncertainties and are cautioned not to place undue reliance on
these forward-looking statements. Actual results may differ
materially from those currently anticipated due to a number of
risks and uncertainties. Risks and uncertainties include, but are
not limited to, expectations regarding litigation outcomes and
remedies, including our ability to have any injunction stayed or
our ability to prevail upon appeal, our beliefs about the
invalidity of the asserted patents, the ultimate disposition of the
pending litigation, and the impact of the pending litigation on our
business and our operations and business outlook. For further
discussion of these and other risks and uncertainties, see Bruker’s
most recent Form 10-K and Form 10-Q filings with the SEC. Except as
required by law, Bruker does not undertake any duty to update
forward-looking statements to reflect events after the date of this
press release.
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version on businesswire.com: https://www.businesswire.com/news/home/20241224292575/en/
Media: Kevin Gamber Vice President, Downstream Marketing
Bruker Spatial Biology T: +1-314-662-9987 E:
kevin.gamber@bruker.com
Investors: Joe Kostka Director, Investor Relations Bruker
Corporation T: +1-978-313-5800 E: Investor.Relations@bruker.com
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