10x Genomics and Bruker settle landmark UPC dispute

The settlement had been hinted at in recent days after signs emerged in the US and at the UPC that hearings were no longer taking place. JUVE Patent learned from lawyers involved in the case that the companies have reached a settlement and are withdrawing lawsuits worldwide. Bruker has since confirmed this in a press release.

 

The commercial details remain undisclosed. However, 10x Genomics’ withdrawal of its infringement suits suggests that Bruker can continue selling its CosMx Spatial Molecular Imager instruments and CosMx reagents for RNA detection. Bruker acquired the products from original defendant NanoString in 2024. The parties have likely concluded a licence agreement for the patents held by Harvard University, for which 10x Genomics is the exclusive licensee.

 

The parties had been embroiled in intense litigation in the US and Europe. 10x Genomics aimed to keep NanoString’s — later Bruker’s — products off the market and secure a licence agreement. Bruker fought back by attempting to invalidate 10x Genomics’ patents. The European dispute initially focused on Germany and the European Patent Office, before moving to the Unified Patent Court in June 2023.

 

 

Immediately after the new court’s launch in June 2023, 10x Genomics filed two PI applications against NanoString with the UPC, followed by two infringement claims. For a time, NanoString could not sell its product in Europe after the Munich local division issued a PI in autumn 2023, which 10x Genomics promptly enforced. The Munich Regional Court had already banned sales in Germany.

 

The dispute gained prominence not only as one of the first major cases before the UPC, but also for producing the UPC Court of Appeal’s first-ever decision. In March 2024, the Court of Appeal under president Klaus Grabinski issued a landmark ruling, overturning the first instance ruling and denying 10x Genomics a Europe-wide PI. The judges found it likely that the court would declare 10x Genomics’ patent-in-suit EP 4 108 782 invalid in the main proceedings, thus ruling there was no basis for provisional measures.

 

Following this ruling, Bruker could again sell its products in Europe, although the German injunction continued to block sales in Germany.

 

Another – perhaps decisive – turning point came when the EPO opposition division upheld 10x Genomics’ EP 782. This allowed the Munich local division to resume the related infringement proceedings against NanoString, with a hearing planned for 18 September 2025.

 

Recently, Bruker had filed a lawsuit seeking damages for enforcement of the PI. The Munich local division would have heard this case on 17 September. This will no longer proceed.

 

 

The temporary European sales ban caused NanoString considerable financial hardship in early 2024. In February 2024, NanoString filed for Chapter 11 bankruptcy in the US to restructure its business, halting all global patent litigation.

 

When US analysis technology manufacturer Bruker acquired NanoString Technologies in May 2024, the battle continued for another year.

 

Despite settling with Bruker, 10x Genomics remains committed to the UPC. The US biotech company continues its dispute with Curio Bioscience, with the Düsseldorf local division hearing a related infringement suit just yesterday.