Tuesday, February 27, 2024

Court of Appeal of the Unifed Patent Court Reverses Preliminary Injunction Against Nanostring

I just read this report on JUVE Patent about the UPC Court of Appeals' reversal of the Munich Local Division's much-discussed September 19, 2023 grant of a preliminary injunction in favor of 10x against Nanostring.  (For previous discussion on this blog, see here.)  Here is a link to the relevant UPC webpage, with links to the decision in German and in English.  The ground is likely invalidity of the patent in suit:

Contrary to the opinion of the Court of First Instance, in the judgement of The Court of Appeal it is, on the balance of probability, more likely than not that the subject-mater of claim 1 in the version asserted in the main request will prove to be not patentable under Art. 65(2) UPCA, Art. 52(1), 138(1)(a) EPC (p.28, English language version).


The application for a preliminary injunction is in any case unfounded because on the balance of probability it is more likely than not that the patent at issue will not prove to be valid even in the version of the auxiliary request (p.34).

I'll be spending some time today and into the week reviewing the decision more carefully, and may have to more to say in due time. 

Update (2-29-2024):  Sarah Taylor and Julia Traumann have published an excellent summary and analysis of the Court of Appeals' decision on EPLaw.  Recommended!

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