Legal Win for NanoString and Bruker in patent battle

Fresh off being acquired by Bruker, Bird & Bird worked with NanoString to score another major win in its longstanding patent battle with 10x Genomics/Harvard, this time before the German Federal Patent Court in Munich. At the end of the hearing the Court agreed with us and completely invalidated the Harvard / 10x European Patent No. 2794928B1 (the “928 Patent”) in Germany (case 3 Ni 20/22).

Bjorn Johnson, Senior Vice President, Legal, and General Counsel of the Bruker Nano Group said: “We’re thrilled with this result! The Bird & Bird team’s work on this nullity action and its execution of the strategy were both outstanding.”

Following this decision, NanoString has immediately asked the German Higher Regional Court of Munich to permanently lift the injunction impacting NanoString’s CosMx products and the scientists who rely on them in Germany. In December 2023, the German Higher Regional Court of Munich already 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 NanoString team…