SEATTLE, Oct. 1, 2013 (GLOBE NEWSWIRE) -- NanoString Technologies, Inc. (Nasdaq: NSTG ) and Fluidigm Corporation (Nasdaq: FLDM ) have agreed to settle lawsuits filed by Fluidigm in the United States and Singapore. In the U.S. case, Fluidigm charged NanoString with false advertising, unfair competition, and unlawful trade practices based on a comparison study of NanoString's Single Cell Gene Expression Assay on the nCounter ® Analysis System with the Single Cell Gene Expression capabilities of Fluidigm's BioMark™ HD system. The lawsuit in Singapore was based on the same study and contained similar allegations. NanoString denies the allegations in both lawsuits.
"We are happy to resolve these matters and to return our full attention to delivering innovative genomics products to scientists and physicians worldwide," said Brad Gray, President and Chief Executive Officer of NanoString. "We believe it is critical for scientists to have all the information they need to make well-informed decisions on which technology to incorporate into their research. NanoString is committed to accurately describing and demonstrating the performance of its products. We encourage all researchers to carefully study the alternative approaches to single cell gene expression, and if possible, to test the performance of multiple approaches before committing to a technology."
In 2012, NanoString conducted a study testing the performance of its two-step nCounter Single Cell Gene Expression protocol relative to a one-step protocol for Single Cell Gene Expression on the Fluidigm BioMark system. Data from the Fluidigm BioMark system was generated at Boston Children's Hospital, while data from the nCounter Analysis System was generated at NanoString. When the results were published, NanoString referred to a one-step BioMark protocol described in Nature Protocols 2011. In NanoString's opinion, this study was scientifically valid and presented in a transparent and fair manner.
Subsequently, NanoString learned that Fluidigm had introduced a two-step BioMark protocol that Fluidigm believes provides improved sensitivity relative to its one-step BioMark protocol. Fluidigm objected to NanoString's comparison of the two-step nCounter Single Cell Gene Expression protocol with the one-step BioMark protocol.
With the introduction of Fluidigm's improved two-step protocol, NanoString's earlier comparison study may not reflect current recommendation or usage. Based on data generated by Fluidigm, NanoString expects that the performance of the BioMark system using Fluidigm's two-step BioMark protocol would have substantially improved. NanoString expects that there would be no sensitivity advantage of the nCounter system relative to the BioMark system when using similar two-step protocols on both systems. Accordingly, and in order to quickly resolve this dispute and allow both companies to focus on serving customers, NanoString has removed references to this comparison study from its marketing materials, website, and promotional activities, and NanoString and Fluidigm have agreed to settle the litigation.
About NanoString Technologies, Inc.
NanoString Technologies provides life science tools for translational research and molecular diagnostic products. The company's nCounter ® Analysis System, which has been employed in basic and translational research since it was first introduced in 2008 and cited in more than 240 peer-reviewed publications, has also now been applied to diagnostic use as the nCounter Dx Analysis System. The company's technology offers a cost-effective way to easily profile the expression of hundreds of genes, miRNAs, or copy number variations, simultaneously with high sensitivity and precision. The company's technology enables a wide variety of basic research and translational medicine applications, including biomarker discovery and validation. The nCounter-based Prosigna ™ Breast Cancer Prognostic Gene Signature Assay is the first in vitro diagnostic assay to be marketed through the company's diagnostics business.
For more information, please visit www.nanostring.com .
The NanoString Technologies logo, NanoString, NanoString Technologies, and nCounter are registered trademarks, and Prosigna is a trademark of NanoString Technologies, Inc. All other trademarks are the property of their respective owners.
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