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UPC APP 48598/2024
—·EP2697391: METHOD AND PRODUCT FOR LOCALISED OR SPATIAL DETECTION OF NUCLEIC ACID IN A TISSUE SAMPLE
- Case details
- Status—ActionProcedural applicationCategoryOther Procedural
- Parties
- ClaimantsReps: Tilman Müller-Stoy (Bardehle Pagenberg); Martin Drews (Bardehle Pagenberg); Axel Berger (Bardehle Pagenberg)RespondentsReps: Agathe Michel-De Cazotte (Carpmaels & Ransford); Cameron Marschall (Carpmaels & Ransford)
- Division
- Dusseldorf LD
- Judges
- Berenice Thom · Legally qualified judge
- Andras Kupecz · Legally qualified judge
- Technology
- Biotechnology
- Language
- —
- First decided
- Dec 3, 2024
Decisions
- 2024-12-03Generic application
Düsseldorf Local Division order on 10x Genomics' application for security for legal costs to be provided by the defendant Curio Bioscience, in spatial transcriptomics patent infringement proceedings. The Court held that not only claimants but also defendants may be ordered to provide security for costs under R. 158 RoP. However, when a claimant requests security from the defendant, the court must take into account that the claimant made a voluntary decision to litigate, which bears on the weighing of interests. The court must ensure the defendant's right to a fair trial is not compromised.
Legal issues:Security for costs (Art. 64 UPCA, R. 158 RoP)Security ordered against defendantRight to fair trialVoluntary decision to litigate
Documents
- D3B1E67EDD29C4120D7996676896AABE_en.pdf2024-12-03ENGLISH