ORD 23580/2024

—·EP2697391: METHOD AND PRODUCT FOR LOCALISED OR SPATIAL DETECTION OF NUCLEIC ACID IN A TISSUE SAMPLE

Case details: Status
—
Action
Procedural application
Category
Case Management Orders
Parties: Claimants
10x Genomics, Inc.
Respondents
Curio Bioscience Inc.
Division: Dusseldorf LD
Judges: Berenice Thom · Legally qualified judge
Andras Kupecz · Legally qualified judge
Martin Schmidt · Technically qualified judge
Technology: Biotechnology
Language: —
First decided: Apr 30, 2024

Decisions

2024-04-30
PI grantedInfringement meritsGeneric Order
Düsseldorf Local Division granted a preliminary injunction (30 April 2024) against Curio Bioscience Inc. ordering it to cease offering, marketing, using or possessing arrays for localised detection of nucleic acid in tissue samples in Germany, France, and Sweden that infringe EP 2 697 391. A penalty of up to EUR 100,000 per day of contravention was imposed. Enforceability was conditional on the applicant providing a security of EUR 2,000,000.
Legal issues:Provisional measures – infringement of spatial transcriptomics patentPatent proprietor standing (R. 8.5 RoP)Claim interpretation – stated purposesLimitation period / knowledge of infringementSecurity for costs (R. 158 RoP)Security for enforceability

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