UPC CFI 2/2023

The Munich Local Division imposed a penalty payment of EUR 100,000 on NanoString Technologies entities for non-compliance with a preliminary injunction under Article 62 UPCA, clarifying that no separate enforcement order is required under Article 82(4) UPCA and that national enforcement law requirements do not apply.

This is the German-language version of the same Munich Local Division provisional measures decision of 19 September 2023 (EP 4 108 782), granting provisional measures to 10x Genomics/Harvard College against NanoString Technologies with substantially identical operative provisions.

The Munich Local Division granted provisional measures to 10x Genomics and President and Fellows of Harvard College against NanoString Technologies (EP 4 108 782 — spatial genomics), prohibiting NanoString from offering, selling or delivering MERSCOPE decoder probes, with penalty of up to EUR 250,000 per violation; the amount in dispute was set at EUR 7 million.

The Munich Local Division granted a deadline extension in the 10x Genomics/Harvard v. NanoString preliminary injunction proceedings following a request by the respondent side.

The Munich Local Division issued an order under Rule 7.1 RoP determining that translations of English-language exhibits were not required in the 10x Genomics/Harvard v. NanoString preliminary injunction proceedings.

The Munich Local Division issued a supplementary procedural order correcting an earlier scheduling order to require that the defence include the arguments from the protective brief (Schutzschrift) in German, the language of proceedings.

The Munich Local Division issued a scheduling and briefing order for the oral hearing in 10x Genomics and Harvard's preliminary injunction application against NanoString Technologies.