UPC CoA 101/2024

The UPC Court of Appeal upheld the President of the Court of First Instance's refusal to change the language of proceedings from German to English in 10x Genomics' provisional measures application against Curio Bioscience concerning EP2697391, finding that the interests of the parties were balanced and the defendant's position was the decisive factor.

Court of Appeal set aside the President of the CFI's order refusing to change the language of proceedings from German to English in the provisional measures case before the Düsseldorf Local Division. The CoA held that, considering all relevant circumstances (Curio Bioscience is a US company with no connection to Germany, the patent was granted in English, the technology field predominantly uses English), the language of proceedings shall be English. The impugned order of 26 February 2024 was set aside and the language changed to English.

Order of the Court of Appeal (Panel 2) on an application by Curio Bioscience Inc. for restriction of access to confidential information under Rule 262A RoP. Curio sought to limit access to an unredacted document (CR-3) in the context of a pending language-change appeal. The Court held that a first-instance Rule 262A order restricting access to certain documents retains its force during appeal proceedings even if not directly challenged on appeal, and continues to govern access until the conclusion of the entire proceedings. Access to the confidential document was maintained restricted to specified persons.

The Court of Appeal (Second Panel) ruled that the confidentiality order issued by the Düsseldorf Local Division on 11 March 2024 under R. 262A RoP (restricting access to document CR-3) continues to apply in the appeal proceedings, making Curio Bioscience's separate request for a confidentiality protection order in the appeal superfluous. The existing order covers 'outside these proceedings' broadly, including the appeal. No new order needed.