UPC CoA 470/2023

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.

The Court of Appeal revoked the Munich Local Division's order imposing penalty payments on NanoString for breach of a provisional injunction regarding EP 4 108 782, and rejected 10x's requests. The Court held that the Court of Appeal's earlier revocation (26 February 2024) of the provisional injunction order of 19 September 2023 had retroactive effect, meaning that the order was void ab initio and therefore could not serve as a valid legal basis for any penalty order, even for alleged breaches prior to the revocation. 10x was ordered to bear the costs of both instances and to reimburse the amount paid by NanoString.