UPC CoA 335/2023
Sep 26, 2023·EP4108782 Unitary patent · COMPOSITIONS AND METHODS FOR ANALYTE DETECTION
- Case details
- StatusCase ClosedActionAppealCategoryMain appeal
- Parties
- Claimants
- 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
- Court of Appeal
- Technology
- InstrumentsAnalysis of biological materials
- ChemistryBiotechnology
- Language
- German
- First decided
- Feb 26, 2024
- Last decision
- Mar 11, 2024
- 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
| Median days to first decision | |
|---|---|
| All UPC | 124 |
| Judge Rian Kalden | Locked |
| Judge Patricia Rombach | Locked |
| Judge Ingeborg Simonsson | Locked |
At the UPC: NanoString Group (21 cases)·10x Genomics, Inc. (40 cases)
This dispute contains 5 other proceedings
UPC CoA 681/2025·UPC CoA 470/2023·UPC CFI 357/2023·UPC CFI 326/2023·UPC CFI 2/2023
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
Start a free trial to see how each one ended.
More cases: Court of Appeal·2023
- 2024-03-11Appeal RoP220.1Public
Summary: Order of the Court of Appeal revoking the Munich Local Division's provisional measures order in favour of NanoString Technologies Inc. and NanoString Technologies Germany GmbH and NanoString Technologies Netherlands B.V. against President and Fellows of Harvard College and 10x Genomics, Inc. concerning EP 4 108 782 (multiplex in situ detection). The Court of Appeal found that the balance of probabilities indicated the patent was likely invalid (lack of inventive step) given prior art D6, such that a sufficient degree of certainty under Rule 211.2 RoP was lacking. Applicants bear costs. The order sets out important principles on patent claim interpretation, claim scope, and the standard for granting provisional measures.
Show the legal issues (6)
- Provisional measures Art. 62 UPCA
- Standard of sufficiency of certainty Rule 211.2 RoP
- Patent claim interpretation Art. 69 EPC Protocol
- Inventive step assessment
- Multiplex in situ detection technology
- Burden of proof in provisional measures
- 2024-02-26
Summary: The Court of Appeal of the UPC refused to stay the provisional measures appeal proceedings despite NanoString's Chapter 11 bankruptcy filing in the US. The court held that even if the insolvency threshold under R. 311.1 RoP was met, no stay was warranted where the oral proceedings were already concluded and the case was ready for decision, balancing procedural economy and cost efficiency under Art. 41(3) UPCA.
Show the legal issues (4)
- Stay of proceedings upon insolvency (R. 311.1 RoP)
- Chapter 11 bankruptcy as insolvency under UPC Rules
- Procedural economy and fair balance of interests (Art. 41(3) UPCA)
- Appeal against provisional measures order
| Document title | Date | Public |
|---|---|---|
| Outcome of the Order | 2025-03-18 | Not public |
| Close workflow | 2025-03-18 | Not public |
| Outcome of the Order | 2025-02-19 | Not public |
| Close workflow | 2025-02-19 | Public |
| Outcome of the Order | 2025-02-19 | Not public |
| Close workflow | 2025-02-19 | Not public |
| Close workflow | 2025-02-19 | Not public |
| Close workflow | 2025-02-19 | Not public |
| Headnote-and-Keywords | 2025-02-14 | Not public |
| Outcome of the Order | 2024-12-18 | Not public |