UPC CFI 2307/2026

Vor dem UPC: OXFORD NANOPORE TECHNOLOGIES PLC (3 Verfahren)·MGI TECH GmbH (2 Verfahren)

• 2026-09-17
  Provisional measuresÖffentlich

  Zusammenfassung: The Munich Local Division granted Oxford Nanopore provisional measures against MGI Tech GmbH, ordering it to refrain from direct and indirect infringement of claims 1 and 7 of EP 2 422 198 and claim 1 of EP 2 715 343 by the CycloneSEQ and G100-ER/G400-ER sequencers, with delivery-up, information and recurring penalties. The application against respondents 2) to 4) was separated into a new case; the application on two other patents had been withdrawn and all other requests were dismissed.

  Rechtsfragen anzeigen (6)

  • Provisional measures (R. 206 RoP)
  • Joint tortfeasorship / common design
  • Long-arm jurisdiction over non-UPC states
  • Imminent infringement despite missing regulatory approvals
  • Separation of proceedings against unserved respondents (R. 303 RoP)
  • Security for enforcement not ordered
• 2026-07-20
  Provisional measuresÖffentlich

  Zusammenfassung: The court rejected the respondents' application for an extension of the time period to file an objection to Oxford Nanopore's provisional measures application. The judge-rapporteur found that the time period (with a fixed deadline of 24 July 2026) was sufficient given the respondents' prior knowledge of the patents and the allegations from Australian proceedings, and that altering the schedule would prevent thorough panel preparation and necessitate a later oral hearing.

  Rechtsfragen anzeigen (4)

  • Extension of time period to file objection to provisional measures application (R. 206 RoP)
  • Balance between respondent's right to be heard and applicant's right to fast and effective remedies
  • Effect of inaccessibility to CMS case file on time period calculation
  • Relevance of parallel foreign proceedings to time sufficiency