Key takeaways
Assessment of validity of the patent in proceedings for provisional measures
In proceedings for provisional measures, the panel must assess, based on the submissions of the parties, whether the validity challenges raise reasonable doubts about the validity of the asserted patent, Article 62(4) of the UPCA in conjunction with Rule 211.2 of the Rules of Procedure (RoP).
Involvement of Technically Qualified Judge
Although Rule 34 RoP mentions involving a technically qualified judge only in the context of main proceedings, Article 8(5) of the UPCA allows the panel, upon hearing the parties, to appoint such a judge in proceedings for provisional measures. This is particularly necessary if the asserted patent pertains to a technically complex field such as genetic engineering.
Timing of adding Technically Qualified Judge
Involving a technically qualified judge early in the proceedings enables thorough case familiarization and potential advisory support to the judge rapporteur. Additionally, it facilitates pre-scheduling of hearings, potentially expediting the overall process.
Division
Local Division Duesseldorf
UPC number
UPC_CFI_463/2023
Type of proceedings
Application for provisional measures – involvement of a technically qualified judge
Parties
10x Genomics, Inc.
Curio Bioscience Inc.
Patent(s)
EP 2 697 391
Body of legislation / Rules
Rule 34 RoP, Art. 8(5) UPCA
