UPC CFI 140/2024

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

• 2026-04-27
  Infringement ActionPublic

  Summary: The Court ordered the release of the security for costs of €200,000 deposited by the Defendant pursuant to the Court's order of 3 December 2024. Following the resolution of cost proceedings (UPC_CFI_657/2025 and UPC_CFI_658/2025) and payment of the awarded amounts, the Claimant did not object to release. The security was released under R. 352.2 RoP by analogy.

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  • Release of security for costs under R. 352.2 RoP by analogy
  • Cessation of claimant's interest in retaining security following satisfaction of cost orders
• 2025-08-04
  Application RoP262APublic

  Summary: Procedural order granting an application for protection of confidential information (R. 262A RoP) concerning the patent EP 2 697 391 in infringement proceedings between 10x Genomics and Curio Bioscience. The court granted the confidentiality application subject to conditions, restricting access to specified cost items to a limited number of persons.

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  • Confidentiality order under R. 262A RoP
  • Protection of trade secrets in UPC proceedings (Art. 58 UPCA)
• 2025-06-16
  Infringement ActionPublic

  Summary: Decision of the Düsseldorf Local Division finding that Curio Bioscience infringes EP 2 697 391 B1 owned by 10x Genomics. The court ordered: (A) cessation of the infringing acts in UPC member states; (B) recall from distribution channels; (C) permanent removal from distribution channels; (D) rendering of accounts; (E) damages for acts after 30 November 2019; (F) periodic penalty payments of up to EUR 100,000 per day. The action was dismissed in other respects. Costs: borne 30% by claimant, 70% by defendant. Value in dispute set at EUR 3,000,000; ceiling for recoverable representation costs EUR 400,000.

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  • Claim construction – independent construction by the court
  • First reference to subclaims at oral hearing – admissibility
  • Infringement under Art. 25 UPCA
  • Injunction, recall, removal and destruction under Art. 63-64 UPCA
• 2025-05-02
  Infringement ActionPublic

  Summary: Interim procedure closure order in 10x Genomics, Inc. v. Curio Bioscience Inc. at Düsseldorf Local Division (EP 2 697 391 B1). Directions for the oral hearing were issued including: (1) translation of claim motions into English; (2) guidance on publication/media order requirements (Art. 80 UPCA); (3) clarification of 'such as' wording in supporting documents request; (4) parties to submit cost estimates (R. 104(k) RoP); (5) parties may upload hearing aids. Interim procedure closed.

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  • Closure of interim proceedings (R. 103, 104, 110.1 RoP)
  • Requirements for publication order (Art. 80 UPCA)
  • Format of motions and supporting documents
• 2024-08-08
  Application RoP262APublic

  Summary: Procedural order on a confidentiality club application (Rule 262A RoP) in proceedings involving 10x Genomics v Curio Bioscience. The court set rules for access to confidential information, including access for named party representatives and their teams, with responsibility for maintaining confidentiality.

  Show the legal issues (4)

  • Confidentiality order (Rule 262A RoP)
  • Access to confidential information
  • Identification of persons in confidentiality club
  • Responsibility for breach of confidentiality