10x Genomics (TXG) announced it had secured a permanent injunction in the U.S. District Court for the District of Delaware against the GeoMx products sold by Bruker (BRKR), which acquired the product line from NanoString Technologies. To minimize the risk of disruption to ongoing research, 10x Genomics requested a carve-out for GeoMx users who installed an instrument prior to the trial in November 2023. The injunction, which the court said it will enter in January 2025, is expected to prohibit Bruker from making, using, selling or offering to sell in the United States its GeoMx Digital Spatial Profiler and associated instruments, reagents and services for RNA and protein detection. At the request of 10x Genomics, the injunction will not block ongoing research by researchers who installed a GeoMx instrument prior to November 18, 2023. Such customers can continue to purchase GeoMx reagents for use with existing GeoMx instruments for purposes of continuing their ongoing research. The court found that making such an exception for ongoing research strikes a “workable balance between protecting the patentee’s rights and protecting the public from the injunction’s adverse effects.” In addition, the court affirmed the $31M damages awarded by the November 2023 jury verdict, as well as supplemental damages and interest that will be added to the total damages when final judgment is entered.
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