UPC CoA 335/2023

At the UPC: NanoString Group (21 cases)·10x Genomics, Inc. (40 cases)

• 2024-03-11
  Appeal 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
  Public

  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