23-Apr-2001 - Bruker Daltonics Inc.

Bruker Daltonics Announces German District Court Ruling that Thermo-Finnigan's GCQ and LCQ Ion Traps Infringe Bruker Patent

Bruker Daltonics Inc. (NASDAQ: BDAL - news) announces that the District Court Duesseldorf (Germany) today issued a written decision in Bruker Daltonics" patent infringement suit against Thermo-Finnigan and its affiliates relating to ion trap mass spectrometry. Bruker Daltonics had alleged infringement in Germany of its European patent EP 0 336 990 ("the "990 patent"), which expires in 2008. The "990 patent is related to multipole ion trap technology, a fundamental invention by Bruker Daltonics scientists in the late 1980s, which enables today's high-performance ion trap mass spectrometry.

Thermo-Finnigan had previously sought to invalidate the "990 patent in Germany. However, in January 2001, the German Federal Patent Court in Munich upheld the validity of the "990 patent with certain additional claim limitations that are not relevant to the Duesseldorf case.

In its written decision, the District Court Duesseldorf today ruled that the Finnigan GCQ and LCQ series of ion trap mass spectrometers infringe our "990 patent in Germany. The Court also found Thermo-Finnigan liable for damages and the costs of the proceedings in an amount to be determined by the Court.

Accordingly, once Bruker Daltonics posts a bond, it is fully expected that the Court will order Thermo-Finnigan and its German affiliates and distributors to cease and desist from offering, distributing, using or importing any GCQ or LCQ-series ion traps in Germany. Bruker Daltonics intends to post bond next week.

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