NanoString Technologies Germany GmbH and others v. 10x Genomics, Inc. and others, UPC Court of Appeal, 10 December 2024, Reference numbers: UPC_APL_593120/2023
Summary
The UPC Court of Appeal held that the successful appeal by Nanostring against the award of a provisional injunction by the Munich Local Division, pursuant to Art. 75(1) UPCA and Rule 242.1 RoP, had retrospective effect – the original order should not have been made.
It followed that the revocation of the order granting a provisional injunction, with any continuing infringements being subject to the payment of a penalty, removed the legal basis for any subsequent decision ordering the payment of that penalty. This was the case even if the subsequent order imposing the payment of a penalty for continued infringements was made before the decision of the Court of Appeal revoking the preliminary injunction.
The Order can be read here.
