LEGAL NEWS IN THE SPOTLIGHT | UPC Court of Appeal revokes the preliminary injunction ordered by Munich Local Division

On 11 March 2024, the Court of Appeal (“CoA”) of the Unified Patent Court (“UPC”) issued its order in the proceedings for provisional measures in case No. 576355/2023 (10x Genomics v NanoString). The appeal stems from the preliminary injunction issued by the Munich Local Division concerning the infringement of a patent claiming a method for detecting a plurality of analytes in a cell or tissue sample. The CoA highlighted that R. 211.2 of the Rules of Procedure, in conjunction with Article 62(4) of the Agreement on a Unified Patent Court (UPCA), provides for the issuance of an injunction only if it is more likely than not that the Applicant is entitled to initiate proceedings and that the relevant patent is infringed. Accordingly, the CoA provided that a sufficient degree of certainty is lacking if the patent is more likely to be invalid than valid. By applying these principles, the CoA revoked the preliminary injunction as the validity of the relevant patent was not established with a sufficient degree of certainty due to the probable lack of inventive step.

Newsletter n. 95 – April 2024