In the latest development of the ongoing litigation between Bruker and 10x Genomics, Bruker announced that a court injunction suspending sales of its subsidiary NanoString's CosMx Spatial Molecular Imager products in Germany has been lifted.
All CosMx products are available to German scientific-instrument customers again effective immediately, Bruker said in a statement.
The injunction was lifted following the firm paying a bond, as authorized by the Munich Higher Regional Court. In May 2023, the Munich Regional Court awarded 10x Genomics an injunction against NanoString, finding that the CosMx products infringed on 10x's European patent No. 2794928B1, referred to as "the 928 Patent." This was one of three 2023 rulings for 10x in its patent infringement litigation against NanoString, the other two being in the European Unified Patent Court and the U.S. District Court for the District of Delaware.
According to Bruker, the Munich Higher Regional Court ruled that suspending enforcement of the injunction was appropriate, citing concerns that the lower court failed to address certain aspects of the patent that were relevant to the decision, and granted NanoString the right to have the injunction lifted, pursuant to the payment of a bond.
In May, the German Federal Patent Court ruled the German part of the 928 Patent to be invalid.
Bruker acquired NanoString in early May for $392.6 million.
