Bruker Corporation announced that the German Federal Patent Court has ruled in favor of NanoString Technologies Germany GmbH by invalidating European Patent No. 2794928B1 (the “928 Patent”) in Germany (case 3 Ni 20/22). NanoString is now a Bruker business following Bruker’s asset acquisition of the businesses of NanoString Technologies, Inc on May 6^th, 2024. The 928 Patent has been asserted by 10x Genomics against NanoString in patent infringement cases in Germany and before the European Unified Patent Court (UPC) involving NanoString’s CosMx Spatial Molecular Imager (SMI) products for RNA detection. The Federal Patent Court ruled that the German part of the 928 Patent is invalid.

“NanoString has consistently maintained that the patents being asserted by 10x Genomics against NanoString’s CosMx SMI products are invalid.

Today’s ruling of the German Federal Patent Court is a decisive victory for NanoString and Bruker and a resounding vindication of NanoString’s belief from the outset that these cases are without merit. This ruling is also a win for science and enables a re-leveling of the playing field in the research tools industry in Germany,” commented Dr. Mark R. Munch, President of the Bruker NANO Group.

Today’s decision in Germany follows NanoString’s win before the UPC Court of Appeal in Luxembourg in February on a related patent. In that case, the Court overturned a preliminary injunction that had previously been issued by a lower court based on the closely related European Patent 4108782B1 (the “782 Patent”). The UPC Court of Appeal noted in its February ruling that it was likely “that the patent at issue will not prove to be valid,” citing concerns about the obviousness of the patent claims based on the prior art. Today’s decision of the German Federal Patent Court is in line with that separate court’s analysis.

“Today’s win is further evidence of the turning of the tide in our favor in these cases,” Dr. Munch added. “Bruker expects to build on this significant legal victory and to further fight for scientific freedom.”

Following today’s win, NanoString will promptly ask the German Higher Regional Court of Munich to permanently lift the injunction impacting NanoString’s CosMx products and the scientists who rely on them in Germany. 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. NanoString also expects to have its attorneys’ fees and related legal expenses reimbursed in light of today’s ruling.