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Overview · Filed: Dec 4, 2023

UPC_CFI_463/2023

METHOD AND PRODUCT FOR LOCALISED OR SPATIAL DETECTION OF NUCLEIC ACID IN A TISSUE SAMPLE

Provisional measuresProvisional MeasuresDusseldorf LDProvisional measuresCase Closed
OverviewDecisionsReasoningCitationsDocumentsTimeline
Coverage: Partial.Reasoning extracted with partial coverage — some sections may be incomplete.
Plain-English summary

10x Genomics obtained a preliminary injunction before the Düsseldorf Local Division against Curio Bioscience prohibiting it from offering, marketing, using, importing or storing spatially-localised nucleic acid detection arrays in Germany, France and Sweden, finding prima facie infringement of EP 2 697 391 B1. The PI was conditional on 10x Genomics providing EUR 2,000,000 security; each party was ordered to pay the other EUR 100,000 in interim costs; Curio's application for security for costs was rejected as inapplicable in ex parte urgent proceedings.

Accepted arguments
What the court agreed with — by party.

  • 10x Genomics has prima facie standing as registered proprietor of EP 2 697 391 B1

    ClaimantLegal basis: R. 8.5(c) RoP

    Note: Headnote 1: registration in the national patent register gives rise to a rebuttable presumption of entitlement; burden shifts to respondent to disprove.

  • prima facie infringement of EP 2 697 391 B1 (spatial transcriptomics array) by Curio Bioscience

    ClaimantLegal basis: Art. 62 UPCA; R. 211 RoP

    Note: Court found sufficient prima facie case to grant PI; purpose-bound claim elements (Zweckangaben) were interpreted as limiting scope to arrays suitable for the stated purpose.

  • purpose statements in patent claims limit the protected subject matter to items suitable for the stated purpose

    ClaimantLegal basis: Art. 69 EPC

    Note: Headnote 2: purpose indications in claims define the subject matter to require suitability for that purpose, not merely geometric features.

  • urgency established: knowledge of infringement arises from constructive knowledge where patent holder is put on notice of circumstances likely indicating infringement

    ClaimantLegal basis: Art. 62 UPCA; R. 211 RoP

    Note: Headnote 3: gross negligent ignorance or deliberate closing of eyes is equivalent to positive knowledge for urgency; no general market monitoring obligation but specific suspicious circumstances trigger a duty to investigate.

  • R. 158 RoP on security for costs applies to both parties including defendants in inter partes proceedings, but not by analogy to ex parte PI proceedings given urgency character and R. 211.1(d) RoP

    ClaimantLegal basis: Art. 69(4) UPCA; R. 158 RoP; R. 211.1(d) RoP

    Note: Headnote 4: the court rejected Curio's application for security for costs in the PI proceeding, holding R. 158 has no application (analogy or otherwise) in ex parte urgent proceedings.

Rejected arguments
What the court did not agree with — and why.

  • security for costs should be ordered against 10x Genomics in the provisional measures proceedings

    RespondentLegal basis: R. 158 RoP; R. 211.1(d) RoP

    Reason: R. 158 RoP does not apply in ex parte provisional measures proceedings given their urgent character and R. 211.1(d) RoP.

Key legal principles
Doctrines and rules cited in the reasoning.
registration in national patent register creates rebuttable presumption of proprietorship and shifts burden of proof under R. 8.5(c) RoPpurpose indications in patent claims limit claim scope to items suitable for stated purposeurgency in provisional measures: constructive knowledge (gross negligent ignorance) equates to positive knowledge; no general market monitoring dutyR. 158 security-for-costs has no application in ex parte provisional measures proceedingstechnically qualified judge may be appointed ex officio in provisional measures proceedings under Art. 8(5)(2) UPCAconfidentiality protection under R. 262A RoP: stepped CMS workflow protecting trade secrets

Browse other cases on this principle.

Claim construction notes

EP 2 697 391 B1 claims arrays for spatially localised nucleic acid detection comprising a substrate with multiple capture probe types, each with a position domain and a poly-T capture domain with at least 10 deoxythymidine residues, oriented with a free 3' end as extension primer. The court confirmed that purpose language ('for use in') limits scope to arrays suitable for and intended for localised nucleic acid detection in tissue samples.