ORD 12169/2024

Court of Appeal order correcting an error in headnote 2, paragraph 3 of a prior order (26 February 2024) concerning the interpretation of patent claims in provisional measures proceedings between 10x Genomics/Harvard (applicants) and NanoString Technologies (respondents). The correction clarifies the principles for claim scope interpretation under Art. 69 EPC: the claim is the decisive basis (not merely a guideline); description and drawings are always used as explanatory aids; the claim is to be construed from the perspective of the skilled person; the aim is to combine appropriate protection with sufficient legal certainty.