Desktop Metal, a Massachusetts-based industrial 3D printer manufacturer, has filed a second lawsuit against Nano Dimension. Through this lawsuit, Desktop Metal targets Markforged by alleging that if the September 2024 agreement to acquire Markforged is consummated, it would be a breach of Nano Dimension’s obligation under the Merger Agreement.
In addition, the Delaware Court of Chancery has granted Desktop Metal’s motion for an expedited trial in its first Nano Dimension lawsuit, which is set to begin the week of February 24, 2025.
Desktop Metal targets Markforged deal

The new lawsuit targets the Markforged deal, arguing that the planned $115 million acquisition of Markforged violated its merger agreement with Nano Dimension. Amid ongoing delays in obtaining CFIUS approval, Desktop Metal claims that the Markforged transaction now jeopardises the merger’s completion.
This is a blow to Nano Dimension, but even more so to Markforged, which is underperforming and will benefit from the acquisition. Its share price has fallen since September of last year, and it has received a couple of NYSE noncompliance notifications.
Desktop Metal is now seeking a court order to prevent Nano Dimension and Markforged from closing their transaction until their own merger is completed. Desktop Metal is also experiencing a decline in sales, and in a conference call held on July 31, 2024, CEO Ric Fulop stated unequivocally that, “The alternative of not closing a transaction now, with Nano and its strong balance sheet, and cooperative management, may lead to a fatal prognosis and results for our Company’s existence.”
Fulop expressed his optimism about the acquisition and said: “We firmly believe that this business combination with Nano Dimension is the right strategic move for Desktop Metal shareholders at this critical juncture, and our entire team is excited about making this combination successful and working with the team at Nano to make customers successful.”
However, the lawsuits can now be viewed as a desperate attempt to save the company and accelerate the merger process for which the company is still very optimistic.
Motion for Expedited Trial

Desktop Metal’s motion for an expedited trial was granted during a hearing in the Delaware Court of Chancery on December 30, 2024. This is expected to be scheduled for the last week of February. Nano Dimension claimed the lawsuit is “without merit” and “inconsistent with the terms of the Merger Agreement.”
On December 31, 2024, Desktop Metal filed its second lawsuit against Nano Dimension. This lawsuit names Markforged as a defendant, alleging that Nano’s agreement to acquire the 3D printer manufacturer violated its obligation to “not consummate acquisitions” that jeopardised the completion of its own merger.
Desktop Metal initially did not believe the Markforged acquisition would have an impact on its own deal. The announcement stated that “all parties anticipated that the Merger would close before the Markforged Transaction could close.”
However, Desktop Metal remains optimistic about completing the merger and “upholding the contractual obligations agreed upon by both parties.”
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