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
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.