UPC CoA 101/2024

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

• 2024-04-17
  Appeal RoP220.1Public

  Summary: The UPC Court of Appeal upheld the President of the Court of First Instance's refusal to change the language of proceedings from German to English in 10x Genomics' provisional measures application against Curio Bioscience concerning EP2697391, finding that the interests of the parties were balanced and the defendant's position was the decisive factor.

  Show the legal issues (3)

  • Change of language of proceedings (Art. 49(5) UPCA)
  • Fairness in language selection
  • Defendant's position as decisive factor in balanced cases
• 2024-03-28
  Public

  Summary: Order of the Court of Appeal (Panel 2) on an application by Curio Bioscience Inc. for restriction of access to confidential information under Rule 262A RoP. Curio sought to limit access to an unredacted document (CR-3) in the context of a pending language-change appeal. The Court held that a first-instance Rule 262A order restricting access to certain documents retains its force during appeal proceedings even if not directly challenged on appeal, and continues to govern access until the conclusion of the entire proceedings. Access to the confidential document was maintained restricted to specified persons.

  Show the legal issues (3)

  • Duration and effect of Rule 262A confidentiality order during appeal
  • Access restriction to confidential information across proceedings stages
  • Language change application and its interaction with confidentiality orders