UPC rules in favor of Bruker and NanoString invalidating 10x Genomics patent

Bruker Corporation (BRKR) announced that the European Unified Patent Court UPC has ruled in favor of its NanoString (NSTG) business, invalidating European Patent No. 2794928B1, which has been asserted by 10x Genomics (TXG) against NanoString’s CosMx Spatial Molecular Imager SMI products in Europe. This ruling follows the May 2024 decision of the German Federal Patent Court, which declared the 928 Patent invalid and revoked the patent in Germany. An appeal is pending in that case. Today’s decision of the UPC expands on that German invalidity ruling to further invalidate the 928 Patent in France and The Netherlands. The ruling of the UPC is subject to appeal. “We appreciate the thorough analysis of this patent by the UPC. Today’s ruling marks the third decision of three separate courts in less than a year vindicating our view that the patents being asserted against us by 10x are invalid,” said Todd Garland, President of the Bruker Spatial Biology division. “The UPC’s decision supports our belief that 10x’s claims are meritless and that 10x’s litigation tactics run counter to the interests of the scientific research community. Bruker will build on this legal victory and continue to defend the freedom of scientists to have choices for the best spatial biology solutions for their research.”