BARDEHLE PAGENBERG represents 10x Genomics in first UPC preliminary injunction hearing against NanoString

On September 5 and 6, the first preliminary injunction hearing before the Unified Patent Court, Local Division Munich (Case No. ACT_459746/2023 UPC_CFI_2/2023) took place between 10x Genomics Inc. (Plaintiff) and NanoString Technologies (Defendant) regarding the patent EP/UP 4 108 782. The UPC panel scheduled the pronouncement of the judgment for September 19. Participants in this first PI hearing already agree that the two-day oral hearing was conducted extremely well.

This PI matter before the Unified Patent Court (UPC) is part of a multinational litigation complex between 10x Genomics and NanoString consisting of infringement, invalidity, anti-suit injunction and opposition proceedings (see our previous press releases BARDEHLE PAGENBERG achieves another victory for 10x Genomics against NanoString, BARDEHLE PAGENBERG paves way to successful infringement proceedings for 10x Genomics with anti-anti-suit-injunction, and BARDEHLE PAGENBERG navigates 10x Genomics to an extraordinary success against Bio-Rad Laboratories). The UPC panel hearing the preliminary injunction matter consisted of three legally qualified judges (Presiding Judge Dr. Matthias Zigann (DE), Reporting Judge Tobias Pichlmaier (DE) and Judge András Kupecz (NL)) and one technically qualified judge (Judge Eric Enderlin (FR)); it scheduled the pronouncement of the judgment for September 19, the day when the same parties will appear before the same panel regarding a preliminary injunction request for a different albeit similar patent (EP 2 794 928) of the same patent family. While the present case has not yet been concluded, parties involved in the proceedings were already able to witness the extremely high standard the Munich Local Division of the UPC is setting from the very beginning:

From the perspective of both a Plaintiff and a Defendant, it is fair to say that the Munich Local Division is set out to become a global high-quality venue for patent litigation. All of the four judges were very well prepared in legal, technical, and procedural terms, proven by very nuanced and specific questions which were asked. The active and thorough interplay between the legally and technically qualified judges could well become a role model for resolving global patent disputes. In terms of process, the efforts to divide speaking time – and even eye contact – fairly between the parties were particularly pleasing as well as the to-the-point initial introduction by the presiding judge clarifying for the parties where the court stands in its preliminary opinion and clearly identifying the arguments to focus on. The panel respected and safeguarded the parties’ right to be heard throughout both hearing days.

The ”user experience” as a party in UPC proceedings was also excellent. From the clear structure of the hearing through the well-functioning technical equipment and the absolutely service-oriented back office of the Local Division Munich is proof of the effort and dedication to make the UPC work. Ad multos annos!

As representatives of the Plaintiff in the present case, BARDEHLE PAGENBERG was represented by Prof. Dr. Tilman Müller-Stoy, Dr. Tobias Wuttke, Dr. Axel Berger, Dr. Kerstin Galler, Dr. Martin Drews, and Monika Harten, LLM. The team was thrilled to have been able to participate in these two historic days, and will report on further developments as of September 19, 2023.

Date


Auteur

Tilman Müller-Stoy
Attorney-at-Law (Rechtsanwalt), Certified IP lawyer, Commercial Mediator (MuCDR), UPC Representative, Partner

Tilman Müller-Stoy

Tobias Wuttke
Attorney-at-Law (Rechtsanwalt), Certified IP lawyer, UPC Representative, Partner

Tobias Wuttke

Axel Berger
German and European Patent Attorney, UPC Representative, Partner*

Axel Berger

Kerstin Galler
Attorney-at-law (Rechtsanwältin), UPC Representative, Senior Associate

Kerstin Galler

Martin Drews
Attorney-at-law (Rechtsanwalt), UPC Representative, Counsel

Martin Drews

Monika Harten
Attorney-at-law (Rechtsanwältin), UPC Representative

Monika Harten