UPC_CoA_335/2023

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.