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UPC – Curio Bioscience Inc v. 10x Genomics, Inc / Appeal

04 Jul 2024

Graham​​​​ Burnett-Hall

Shoosmiths

Curio Bioscience Inc v 10x Genomics, Inc , UPC Court of Appeal, 20 June 2024, Reference numbers: UPC_CoA_234/2024; App_34779/2024

Order pursuant to R. 262A RoP (confidentiality)

10x had started proceedings in the CFI requesting provisional measures against Curio. 10x’s requests were partly dismissed (in particular, a preliminary injunction was refused) and 10x appealed the CFI’s order. During the first instance proceedings, Curio had successfully applied for measures to protect confidential information pursuant to R.262A.4 RoP. Access to the unredacted version of a particular document (named CR-3) was limited to certain persons on 10x’s side.

Curio applied for an order in the PI-appeal pursuant to R.262A RoP to restrict access to the confidential material. This mirrored an application Curio had made in an appeal in proceedings between the same parties regarding the language of the proceedings, which had also involved confidential material. In that appeal the CoA had held that the confidentiality order made in the first instance proceedings continued to apply and there was no need to bring an application in the CoA for a new order – see UPC_CoA_101/2024, App_12137/2024.

The CoA held that the same reasoning applied to the PI appeal: the confidentiality order made at first instance continued to apply.

The Order can be read here.