UPC_APP_48598/2024

Düsseldorf Local Division order on 10x Genomics' application for security for legal costs to be provided by the defendant Curio Bioscience, in spatial transcriptomics patent infringement proceedings. The Court held that not only claimants but also defendants may be ordered to provide security for costs under R. 158 RoP. However, when a claimant requests security from the defendant, the court must take into account that the claimant made a voluntary decision to litigate, which bears on the weighing of interests. The court must ensure the defendant's right to a fair trial is not compromised.