The UPC’s October 10, 2023 Decision in 10x Genomics

This may be less consequential now than it may have seemed a couple of weeks ago, before the UPC Court of Appeals decision referenced here, but readers may recall that there was a second decision last fall in which the Munich Local Division considered a preliminary injunction against Nanostring.  As far as I can tell, the second decision (dated Oct. 10, 2023)—which, in contrast to the first (Sept. 19, 2023) decision involving a different patent, denied the claimant’s request for a preliminary injunction—is not available yet on the UPC’s website.  But it is excerpted in the 4/2024 issue of GRUR (pp. 199-205), and is the subject of a short article by Matthias Leistner and Sebastian Berns in the same issue (pp. 184-87).  As noted in this earlier write-up in English by Tilman Müller-Stoy and Kerstin Galler on the EPLaw Blog, in the second case the court was not persuaded that there was a sufficient probability of infringement, or of validity of the claims as granted (in contrast to the claims as amended pursuant to EPC article 105a), or of urgency (given that the patent in suit was, unlike the unitary patent in suit in the first decision, a “bundle” patent with effect in Germany, France, and the Netherlands, and the owner had not sought preliminary relief in France or the Netherlands).