FTI Consulting's Economic Damage Report Sets Precedent for UPC Cases

On July 3, 2025, FTI Consulting, Inc., a global consulting firm, submitted what is considered the first economic damage report to the newly established Unified Patent Court (UPC) in Europe, representing Bruker Corporation, the parent company of NanoString Technologies. This report is pivotal in the ongoing legal disputes between NanoString and its competitor, 10x Genomics, marking a significant moment in the realm of patent litigation within the European Union.

The report was prepared by Dr. Anke Nestler, Senior Managing Director, and Michael Graser, Managing Director at FTI Consulting, who specialize in Economic and Financial Consulting. As per Dr. Nestler's statement, "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." This admission signifies a crucial step towards integrating structured economic analysis into the legal framework of patent disputes, which can influence future case law.

The UPC, operational since June 2023, was established to streamline patent litigation across Europe, addressing issues that transcend national borders. The case at hand involves a damages claim filed by NanoString against 10x Genomics following a preliminary injunction that blocked the launch of new technology for analyzing biological samples, specifically spatial profiling, due to alleged infringement of European patent EP 4 108 782, which covers pharmaceutical measurement and detection processes.

In a prior ruling, the Munich chamber of the UPC denied a Europe-wide preliminary injunction against NanoString, a decision reversed upon appeal, resulting in NanoString being barred from the market for eight months. This gap prompted NanoString to seek damages, although the specific amount claimed remains confidential. The law firm Bird & Bird represents NanoString in this matter.

The implications of this case extend beyond the immediate parties involved. The acceptance of FTI's expert economic report reflects a growing trend where courts increasingly rely on detailed economic analyses to inform their decisions. Michael Graser commented on the significance of their report, stating, "Courts, companies, and investors increasingly rely on comprehensible damage assessments, especially in highly specialized technology markets."

As the UPC continues to evolve, this case exemplifies its role in addressing cross-border patent disputes, particularly those entailing financial damages. The precedent set by accepting FTI's structured expert evidence may influence future UPC proceedings, establishing a new standard for economic damage assessments in patent litigation.

The recent announcement on May 14, 2025, regarding a global settlement between Bruker Corporation and 10x Genomics further underscores the complexities of patent disputes. This settlement resolved ongoing patent disputes not only in Europe but also in the United States and before the European Patent Office, illustrating the far-reaching consequences of such legal battles.

FTI Consulting, with over 8,100 employees worldwide and reported revenues of $3.70 billion for the fiscal year 2024, is recognized for its expertise in navigating crises and transformations for organizations. The firm’s involvement in this case marks a significant intersection of economic analysis and legal practice, poised to shape the future of patent litigation in Europe.

In summary, the introduction of FTI Consulting's economic damage report marks a pivotal moment in the operational dynamics of the UPC, potentially revolutionizing how damages are assessed in patent cases. As legal frameworks adapt to the complexities of modern technology and business practices, the outcomes of this case could have lasting implications for the industry and its stakeholders.