UPC CFI 2/2023
Jun 1, 2023·EP4108782 Unitary patent · COMPOSITIONS AND METHODS FOR ANALYTE DETECTION
- Case details
- StatusCase ClosedSet aside on appeal, Mar 11, 2024ActionProvisional measuresCategoryProvisional measures
- Parties
- Claimants
- 10x Genomics, Inc.Operating co.
Representatives- Tilman Mueller-Stoy-Bardehle Pagenberg
- Tilman Müllerstoy
Respondents- NanoString Technologies Inc.Operating co.
- NanoString Technologies Germany GmbHOperating co.
- NanoString Technologies Netherlands B.V.Operating co.
Representatives- Oliver Jan Jüngst-Bird & Bird LLP
- Division
- Munich LD
- Technology
- InstrumentsAnalysis of biological materials
- ChemistryBiotechnology
- Language
- German
- First decided
- Jun 23, 2023
- Last decision
- Dec 5, 2023
- EPO Opposition
- NanoString Technologies, Inc.Admissible2023-07-18
- König Szynka Tilmann von RenesseAdmissible2024-03-07
- Vizgen, Inc.Withdrawn2024-03-07
- Bruker Spatial Biology, Inc.Withdrawn2023-07-18
- Appealed
- Set aside by UPC CoA 335/2023 · Mar 11, 2024
| Preliminary injunction granted | Median days to first decision | |
|---|---|---|
| All UPC | 54% (38/70) | 124 |
| Munich LD | Locked | Locked |
| Judge Matthias Zigann | Locked | Locked |
| Judge Tobias Pichlmaier | Locked | Locked |
| Judge András Kupecz | Locked | Locked |
| Judge Eric Enderlin | Locked | Locked |
At the UPC: 10x Genomics, Inc. (40 cases)·NanoString Group (21 cases)
This dispute contains 5 other proceedings
UPC CoA 681/2025·UPC CoA 470/2023·UPC CFI 357/2023·UPC CoA 335/2023·UPC CFI 326/2023
9 other defendants litigating the same or a related patent
UPC CFI 3233/2026·UPC CFI 1594/2026·UPC CoA 808/2024·UPC CoA 654/2024·CC 592964/2023 and 4 more
- 2023-12-05Application for provisional measuresPublic
Summary: The Munich Local Division imposed a penalty payment of EUR 100,000 on NanoString Technologies entities for non-compliance with a preliminary injunction under Article 62 UPCA, clarifying that no separate enforcement order is required under Article 82(4) UPCA and that national enforcement law requirements do not apply.
Show the legal issues (3)
- Penalty payment for violation of provisional injunction (Art. 82(4) UPCA)
- No separate enforcement order required
- Rule 118.8 RoP inapplicable to Art. 62 orders
- 2023-09-19Application for provisional measuresPublic
Summary: The Munich Local Division granted provisional measures to 10x Genomics and President and Fellows of Harvard College against NanoString Technologies (EP 4 108 782 — spatial genomics), prohibiting NanoString from offering, selling or delivering MERSCOPE decoder probes, with penalty of up to EUR 250,000 per violation; the amount in dispute was set at EUR 7 million.
Show the legal issues (5)
- Provisional measures Art. 62 UPCA
- Prima facie validity unitary patent
- Delay in seeking provisional measures
- Indirect patent infringement
- Enforcement of unitary patent vs. European patent
- 2023-09-19Application for provisional measuresPublic
Summary: HEADNOTES SHEET ONLY (Leitsaetze, Lokalkammer Muenchen), one page, image-only with no text layer. It states three legal principles on provisional measures under Art. 62 UPCA and contains NO operative part, no parties and no order. It is the headnote page of the 2023-09-19 provisional-measures ruling on this docket, whose two other PDFs are already extracted as preliminary_injunction_granted. The outcome fields are set to MATCH those siblings so that collapseDecisionVariants folds this variant into the same ruling; they are NOT read from the face of this document, which decides nothing.
Show the legal issues (3)
- preponderant likelihood sufficient for validity conviction under Art. 62 UPCA
- unreasonable delay in seeking provisional measures runs from knowledge of infringement
- enforcement of a non-unitary European patent is not equivalent to enforcing a unitary patent
- 2023-07-10Application for provisional measuresPublic
Summary: The Munich Local Division granted a deadline extension in the 10x Genomics/Harvard v. NanoString preliminary injunction proceedings following a request by the respondent side.
Show the legal issues (1)
- Deadline extension Rule 9.3 RoP
- 2023-07-06Application for provisional measuresPublic
Summary: The Munich Local Division issued an order under Rule 7.1 RoP determining that translations of English-language exhibits were not required in the 10x Genomics/Harvard v. NanoString preliminary injunction proceedings.
Show the legal issues (1)
- Translation of exhibits Rule 7.1 RoP
- 2023-06-30Application for provisional measuresPublic
Summary: The Munich Local Division issued a supplementary procedural order correcting an earlier scheduling order to require that the defence include the arguments from the protective brief (Schutzschrift) in German, the language of proceedings.
Show the legal issues (3)
- Language of defence
- Protective brief (Schutzschrift)
- Procedural correction
- 2023-06-23Application for provisional measuresPublic
Summary: The Munich Local Division issued a scheduling and briefing order for the oral hearing in 10x Genomics and Harvard's preliminary injunction application against NanoString Technologies.
Show the legal issues (2)
- Preliminary injunction scheduling
- Oral hearing
| Document title | Date | Public |
|---|---|---|
| workflow closed | 2025-07-16 | Not public |
| Outcome of the Order | 2025-07-16 | Not public |
| rectification | 2025-07-16 | Public |
| Outcome of the Order | 2025-07-16 | Not public |
| workflow closed | 2025-07-16 | Not public |
| Outcome of the Order | 2025-07-16 | Not public |
| workflow closed | 2025-07-16 | Public |
| Outcome of the Order | 2025-07-16 | Not public |
| workflow closed | 2025-07-16 | Public |
| Outcome of the Order | 2025-07-16 | Not public |
10x Genomics and President and Fellows of Harvard College obtained provisional measures against NanoString Technologies before the Munich Local Division for infringement of unitary patent EP 4108782 covering spatial genomics analyte detection methods. The court found preponderant likelihood of validity and infringement, and granted an injunction against MERSCOPE decoder probes covering both direct and indirect infringement, with EUR 250,000-per-violation penalties. In subsequent penalty proceedings, the court imposed a EUR 100,000 penalty for NanoString's failure to promptly update its website in compliance with the order, clarifying that no separate enforcement order is needed under Art. 82(4) UPCA for Art. 62 provisional measures.
Prima facie validity of unitary patent EP 4108782 established at preponderant likelihood standard
ClaimantLegal basis: Art. 62 UPCANote: No relevant prior art was presented by NanoString; court found preponderant likelihood of validity sufficient.
NanoString MERSCOPE decoder probes directly and indirectly infringe EP 4108782 (spatial genomics method patent)
ClaimantLegal basis: Art. 62 UPCA; Art. 64 UPCANote: Court found both direct infringement by applying the patented method and indirect infringement through supply of decoder probes as essential components.
Urgency: enforcement of European patent without unitary effect in all member states separately is not an equivalent remedy to UPC enforcement; delay assessed from when UPC enforcement became possible
ClaimantLegal basis: Art. 62 UPCANote: Court accepted that prior national enforcement steps do not amount to unreasonable delay for UPC provisional measures purposes.
Applicants delayed unreasonably in seeking provisional measures
RespondentLegal basis: Art. 62 UPCAReason: Delay must be assessed from when infringement became known and from when UPC enforcement was available; prior enforcement of European patents nationally is not equivalent and does not start the delay clock for UPC measures.
Browse other cases on this principle.
The Munich Local Division construed claim 1 of EP 4108782 (a spatial genomics method for analyte detection using decoder probes). The court found that NanoString's MERSCOPE decoder probes fell within the claim scope for both direct and indirect infringement. The court also addressed indirect infringement, finding that decoder probes are essential components for application of the patented method.