Bruker Comments on Delaware District Court’s Post-Trial Ruling in Case Involving GeoMx Digital Spatial Profiler Products

By: Bruker Corporation via Business Wire

December 24, 2024 at 09:28 AM EST

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.

View source version on businesswire.com: https://www.businesswire.com/news/home/20241224292575/en/

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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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Joe Kostka

Director, Investor Relations

Bruker Corporation

T: +1-978-313-5800

E: Investor.Relations@bruker.com

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Bruker Comments on Delaware District Court’s Post-Trial Ruling in Case Involving GeoMx Digital Spatial Profiler Products

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