Frankfurt, 3 July 2025 — FTI Consulting, Inc. (NYSE: FCN) on behalf of Bruker Corporation (Nasdaq: BRKR), the parent company of biotechnology company NanoString Technologies, prepared the first economic damage report to be submitted to the newly established Unified Patent Court (“UPC”) in ongoing proceedings. The FTI Consulting report provided significant impetus to resolve the legal disputes between NanoString and 10x Genomics worldwide.
The expert opinion was prepared by Senior Managing Director Dr. Anke Nestler and Managing Director Michael Graser in the Economic and Financial Consulting practice at FTI Consulting.
The case before the UPC involved a damages claim by NanoString against its competitor 10x Genomics. In 2023, 10x Genomics had obtained a preliminary injunction against 10x Genomics blocking the global launch of new technology for analysing biological samples (spatial profiling). The injunction was based on the alleged infringement of European patent EP 4 108 782, which covers pharmaceutical measurement and detection processes.
An initial court ruling denied 10x Genomics a Europe-wide preliminary injunction, which was overturned at an appeal hearing. As a result, NanoString was barred from the market for eight months and filed for damages. The company was represented by law firm Bird & Bird and supported by an expert economic report prepared by Dr. Nestler and Mr. Graser. The exact amount of damages claimed remains confidential.
“This is the first time that an economic expert opinion on damages has been admitted in proceedings before the Unified Patent Court under the new rules,” said Dr. Nestler. “As independent experts, it was our task to quantify the economic damage in a comprehensible and legally sound manner — thus also setting an important impulse for the emerging decision-making practice of the UPC.” The preliminary injunction request against NanoString was one of the first cases filed at the Munich chamber of the UPC when it began operations in June 2023.
On 14 May 2025, Bruker Corporation and 10x Genomics announced a global settlement resolving all ongoing patent disputes. The agreement covers proceedings in the United States, before the European Patent Office and the UPC.
“The fact that our expert opinion was considered in the judicial review highlights the importance of solid economic analysis in the context of the new UPC,” said Mr. Graser. “Courts, companies and investors increasingly rely on comprehensible damage assessments – especially in highly specialised technology markets.”
The case illustrates the central role of the UPC in handling cross-border patent disputes, particularly those involving financial damages. The acceptance of structured expert evidence sets precedent for future cases under UPC proceedings.
About
200 Aldersgate
Aldersgate Street
London, EC1A 4HD
Investor Contact:
+1.617.747.1791
mollie.hawkes@fticonsulting.com
Media Contacts:
+44 20 7632 5071
helen.obi@fticonsulting.com
+ 49 170 55 39 838
reinhard.moch@fticonsulting.com
Source: FTI Consulting, Inc.