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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
—
Action
Procedural application
Category
Other procedural
Parties
Claimants
Representatives
Respondents
Representatives
Division
Dusseldorf LD
Technology
  • Chemistry
    Biotechnology
Language
—
First decided
Dec 3, 2024
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How long the court takes to reach a first decision.
Median days to first decision
All UPC124
Dusseldorf LDLocked
Judge Berenice ThomLocked
Judge András KupeczLocked

At the UPC: 10x Genomics, Inc. (40 cases)·Curio Bioscience Inc. (19 cases)

Decisions
  • 2024-12-03

    Summary: 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.

    Show the legal issues (4)
    • Security for costs (Art. 64 UPCA, R. 158 RoP)
    • Security ordered against defendant
    • Right to fair trial
    • Voluntary decision to litigate
Documents
  • D3B1E67EDD29C4120D7996676896AABE_en.pdf2024-12-03EN