UPClytics

Decisions

DateCaseDivisionActionMotionOutcomeSummary
2026-02-25UPC_CFI_619/2025The Hague LDInfringement ActionProceduralProcedural onlyThe Hague Local Division addressed GSK's R.263 application to amend its claim and Moderna's R.9 application to dismiss late-filed submissions in a parallel mRNA vaccine infringement action.
2026-02-25UPC_CFI_620/2025The Hague LDInfringement ActionProceduralProcedural onlyThe Hague Local Division issued a procedural order under Rule 9 RoP in GSK's infringement action against Pfizer/BioNTech entities concerning vaccine-related patents, addressing admissibility of submissions in GSK's Reply.
2026-02-18UPC_CFI_616/2025The Hague LDInfringement ActionProceduralProcedural onlyThe Hague Local Division ruled on GSK's application to amend its claim under Rule 263 RoP and Moderna's application to dismiss late-filed submissions under Rule 9 RoP in patent infringement proceedings relating to mRNA vaccine technology.
2026-02-11UPC_CFI_336/2024Dusseldorf LDApplication Rop 265ProceduralProcedural onlyThe Düsseldorf Local Division issued a decision under R. 265 RoP on the withdrawal or termination of proceedings in case UPC_CFI_336/2024.
2026-02-02UPC_CFI_657/2025Dusseldorf LDGeneric OrderCostsCosts onlyThe Düsseldorf Local Division issued a cost decision following the merits judgment of 16 June 2025 (10x Genomics v. Curio Bioscience), apportioning costs of PI proceedings and main action proceedings at a 30%/70% ratio (claimant/defendant) based on the parties' respective success.
2026-02-02UPC_CFI_658/2025Dusseldorf LDGeneric OrderCostsCosts onlyThe Düsseldorf Local Division issued a costs decision in the 10x Genomics v Curio Bioscience proceedings (EP 2 697 391), establishing that costs of PI proceedings and main proceedings are capped separately, that mixing of costs between proceedings is inadmissible, and that in partial success the ceiling is reduced proportionally.
2025-11-28UPC_CFI_619/2025The Hague LDInfringement ActionProceduralProcedural onlyThe Hague Local Division issued a procedural order under R. 302 RoP addressing a procedural step in proceedings before the court.
2025-11-07UPC_CoA_579/2025Court of AppealApplication for provisional measuresPreliminary injunctionPI deniedCourt of Appeal allowed OTEC's appeal and set aside the first-instance order granting provisional measures to STEROS. The CoA found the appeal successful and ordered that STEROS's application for provisional measures be rejected. STEROS was ordered to bear the costs of both the first-instance and appeal proceedings.
2025-11-07UPC_CoA_579/2025Court of AppealApplication for provisional measuresProceduralProcedural onlyThe Court of Appeal (Panel 1a: Grabinski, Gougé, Blok, Meewisse, Schmidt) partially granted STEROS GPA Innovative S.L.'s application for rectification (R. 353 RoP) of the Court of Appeal's order of 7 November 2025 which had set aside the Hamburg Local Division's provisional measures grant and rejected the application for provisional measures concerning EP 4 249 647. The court corrected a clerical mistake in margin 45 (Table 1 changed to Table 10), but rejected STEROS' further argument that margin 43 contained an 'obvious slip' since the proposed change would affect the substance of the reasoning.
2025-10-31UPC_CFI_630/2025Dusseldorf LDApplication for provisional measuresPreliminary injunctionPI deniedThe Düsseldorf Local Division dismissed the application for provisional measures filed by Occultech GmbH against Lepu Medical (Europa) Cooperatief U.A. and others concerning EP 1 998 686 B2. The court found that the requirements for a preliminary injunction were not met (infringement not established with sufficient certainty), and ordered the applicant to bear the costs. The case value was provisionally set at EUR 1,000,000.
2025-07-29UPC_CFI_336/2024Dusseldorf LDGeneric applicationProceduralProcedural onlyProcedural order in infringement action by Maxeon Solar Pte. Ltd. against Aiko/Memodo/Libra/VDH Solar/PowerDeal/Coenergia entities (EP 3 065 184 B1, solar panels) on the cost ceiling under Rule 158 RoP. The court held that when a claim is brought against multiple defendants without specifying their respective liability, all defendants must have an equal opportunity to defend against the alleged infringement as a whole, and the cost ceiling should reflect the claim as brought against all defendants collectively.
2025-06-16UPC_CFI_140/2024Dusseldorf LDInfringement ActionInfringedDecision of the Düsseldorf Local Division finding that Curio Bioscience infringes EP 2 697 391 B1 owned by 10x Genomics. The court ordered: (A) cessation of the infringing acts in UPC member states; (B) recall from distribution channels; (C) permanent removal from distribution channels; (D) rendering of accounts; (E) damages for acts after 30 November 2019; (F) periodic penalty payments of up to EUR 100,000 per day. The action was dismissed in other respects. Costs: borne 30% by claimant, 70% by defendant. Value in dispute set at EUR 3,000,000; ceiling for recoverable representation costs EUR 400,000.
2025-04-09UPC_CFI_846/2024Munich LDGeneric applicationProcedural onlyProcedural order on applications by BioNTech and Pfizer defendants for security for costs of EUR 5,000,000 each (total EUR 10,000,000) against Claimant Promosome LLC under Rule 158 RoP. The court considered whether Promosome's financial position gave legitimate and real concern that a costs order would not be recoverable.
2025-04-03UPC_CFI_846/2024Munich LDProcedural OrderProcedural onlyProcedural order on defendants' application (Rule 190 RoP) for production of detailed experimental materials and raw data underlying an expert report submitted by the claimant. The court ordered disclosure of additional supporting data and methodology to enable the defendants to assess the accuracy and reliability of the claimant's test results.
2024-08-08UPC_CFI_140/2024Dusseldorf LDApplication RoP262AProcedural onlyProcedural order on a confidentiality club application (Rule 262A RoP) in proceedings involving 10x Genomics v Curio Bioscience. The court set rules for access to confidential information, including access for named party representatives and their teams, with responsibility for maintaining confidentiality.
2024-04-30UPC_CFI_463/2023Dusseldorf LDApplication for provisional measuresPreliminary injunctionPI grantedThe Düsseldorf Local Division granted a preliminary injunction against Curio Bioscience Inc. prohibiting it from offering, marketing, using, importing or storing arrays for spatially localised nucleic acid detection in Germany, France and Sweden, finding prima facie infringement of EP 2 697 391 B1 (owned by 10x Genomics). Both parties were ordered to pay each other interim costs of EUR 100,000. The injunction was conditional on 10x Genomics providing security of EUR 2,000,000. 10x Genomics' application for security for costs from the defendant was rejected.
2024-02-14UPC_CFI_463/2023Dusseldorf LDApplication for provisional measuresProceduralProcedural onlyThe Düsseldorf Local Division issued a procedural order in 10x Genomics v. Curio Bioscience establishing a structured confidentiality protection procedure under Rule 262A RoP, clarifying the CMS workflow for trade secret protection and setting out the process for granting preliminary access restrictions before a final confidentiality order is made.
2024-01-29UPC_CFI_463/2023Dusseldorf LDApplication for provisional measuresProceduralProcedural onlyThe Düsseldorf Local Division issued a procedural order in the 10x Genomics v. Curio Bioscience provisional measures proceedings, deciding ex officio to appoint a technically qualified judge given the technical complexity of the patent (spatial transcriptomics), relying on Art. 8(5) UPCA even in the absence of an express provision for interim proceedings.