UPC CoA 470/2023

Vor dem UPC: NanoString Group (21 Verfahren)·10x Genomics, Inc. (40 Verfahren)

• 2024-12-10
  Appeal RoP220.2Öffentlich

  Zusammenfassung: Order of the Court of Appeal dated 10 December 2024 setting aside the CFI order imposing penalty payments (Zwangsgelder) on NanoString for alleged violations of a preliminary injunction that had been previously revoked by the CoA. The CoA held that the revocation of a preliminary injunction under Art. 75(1) UPCA and R. 242.1 RoP is retroactive — the revoked order is treated as having never had legal effect. Consequently, any subsequent order imposing penalties based on the revoked injunction also lacks legal basis, even if it concerns alleged violations before the revocation. The CFI penalty order was set aside, 10x Genomics' applications were dismissed, 10x was ordered to bear all costs, and NanoString's payment made in compliance with the penalty order was to be reimbursed.

  Rechtsfragen anzeigen (3)

  • Retroactive effect of revocation of provisional measures under Art. 75(1) UPCA
  • Legal basis for penalty payments after revocation of preliminary injunction
  • Effect of revocation on penalty orders for pre-revocation violations