Fluidigm Corporation Files Lawsuit Against NanoString Technologies Inc.'s Deceptive Marketing
11/8/2012 10:18:42 AM
SOUTH SAN FRANCISCO, Calif.--(BUSINESS WIRE)--Fluidigm Corporation (NASDAQ:FLDM) today announced it has filed litigation against NanoString Technologies, Inc., a privately-held company in Seattle, Washington, for false advertising, unfair competition, and unlawful trade practice in violation of the Lanham Act and corresponding sections of the California Business & Professional Code. The complaint was filed in federal district court in the Northern District of California. Fluidigm alleges that NanoString’s advertising campaign, including its white paper entitled "Make Every Cell Count with nCounter® Single Cell Gene Expression Assay," is based on a rigged “head-to-head” comparison between the BioMark™ HD System and NanoString’s nCounter Single Cell Assay. Fluidigm charges that NanoString’s testing was intentionally flawed in both its design and execution. The complaint alleges that, as a consequence, NanoString is purposely misleading potential customers in an attempt to improperly bolster its limited market share.