UPC_CFI_140/2024
METHOD AND PRODUCT FOR LOCALISED OR SPATIAL DETECTION OF NUCLEIC ACID IN A TISSUE SAMPLE
10x Genomics, Inc. sued Curio Bioscience Inc. for infringement of EP 2 697 391 B1, a patent for localised/spatial detection of nucleic acid in tissue samples (spatial transcriptomics), at the Düsseldorf Local Division. The court found infringement and ordered Curio to cease infringing acts, recall products from commerce, permanently remove them from distribution, provide a full accounting, and pay damages for acts from 30 November 2019 onwards, with penalty payments of up to EUR 100,000 per day for non-compliance.
Infringement of EP 2 697 391 B1 by Curio Bioscience's spatial transcriptomics products
KlägerRechtsgrundlage: Art. 25 UPCAHinweis: The Düsseldorf Local Division found Curio Bioscience liable for infringing 10x Genomics' spatial transcriptomics patent and granted an injunction, recall, removal from commerce, and accounting.
First reference to additional subclaims at oral hearing admissible where feature was already in dispute and subclaims merely provide additional arguments
KlägerHinweis: Court articulated this as a headnote, citing the Court of Appeal's Insulet v. EOFlow ruling that claim construction is a matter of law and the court construes claims independently.
Remaining requests in the infringement action
KlägerBegründung: Action dismissed in other respects (no detail in excerpt).
Weitere Fälle zu diesem Grundsatz ansehen.
The court confirmed that claim construction is a matter of law and must be performed independently by the court. On subclaim admissibility, the court held that first reference to subclaims at oral hearing is admissible where the disputed feature was already in issue and the subclaims provide additional legal arguments rather than new factual assertions.