The patent at issue was ruled invalid by the German Federal Patent Court in May 2024

Bruker Corporation (Nasdaq: BRKR) today announced that it has posted a bond, as authorized by the Munich Higher Regional Court, in order to suspend an injunction that had been impacting sales of CosMx™ Spatial Molecular Imager (SMI) products by its NanoString business in Germany. This development is connected with ongoing patent litigation with 10x Genomics, during an appeal process in Germany. Effective immediately, all CosMx products are once again available to German scientific instrument customers.

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. The Munich Higher Regional Court ruled that suspending enforcement of the injunction was appropriate, since the lower court had failed to address aspects of the case that were relevant to the decision. The Court observed that a disputed feature of the patent at issue was seemingly overlooked by the lower court.

“We are thrilled that our customers in Germany have regained access to our full suite of products for the CosMx instrument, with the highest functionality of any imager available in the spatial transcriptomics market,” said Todd Garland, President of the NanoString division.

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.

About NanoString

NanoString, a Bruker company, is a leader in spatial biology offering an ecosystem of innovative discovery and translational research tools that empower scientists to map the universe of biology. The GeoMx® Digital Spatial Profiler is a flexible reliable solution, combining the power of whole tissue imaging with gene expression and protein data for spatial whole transcriptomics and proteomics. The CosMx™ Spatial Molecular Imager is a single-cell imaging platform powered by spatial multiomics enabling researchers to map single cells in their native environments to extract deep biological insights and novel discoveries from one experiment. The AtoMx™ Spatial Informatics Platform is a cloud-based informatics solution with advanced analytics and global collaboration capabilities, enabling powerful spatial biology insights anytime, anywhere. At the foundation of our research tools is our nCounter® Analysis System which offers a secure way to easily profile the expression of hundreds of genes, proteins, miRNAs, or copy number variations, simultaneously with high sensitivity and precision. For more information, please visit www.nanostring.com.

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