APL 12116/2024
—·EP2697391: METHOD AND PRODUCT FOR LOCALISED OR SPATIAL DETECTION OF NUCLEIC ACID IN A TISSUE SAMPLE
- Case details
- Status—ActionAppealCategoryMain Appeal
- Parties
- ClaimantsReps: Tilman Müller-Stoy (Bardehle Pagenberg); Axel B. Berger (Bardehle Pagenberg)RespondentsReps: Cameron Marshall (Carpmaels & Ransford); Agathe Michel-De Cazotte (Carpmaels & Ransford)
- Division
- Court of Appeal
- Judges
- Rian Kalden · Presiding judge and legally qualified judge
- Ingeborg Simonsson · Legally qualified judge and judge-rapporteur
- Patricia Rombach · Legally qualified judge
- Technology
- Biotechnology
- Language
- —
- First decided
- Apr 17, 2024
- 2024-04-17Appeal decisionAppeal RoP220.1
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.
Legal issues:Change of language of proceedings (Art. 49(5) UPCA)Fairness in language selectionDefendant's position as decisive factor in balanced cases - 2024-04-17Appeal decisionAppeal RoP220.1
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.
Legal issues:Change of language of proceedings on appeal (Art.49(5) UPCA)Relevance of stage of proceedings to language changeParties' language qualifications as irrelevant factorBalancing interests in language change
- 410DE28BFAD1A8B205DCE14353C75FC1_de.pdf2024-04-17DE
- ORDER%20final%20EN.pdf2024-04-17ENGLISH