Key takeaways
The revocation under Art. 75(1) UPCA and R. 242.1 RoP of an order of the Court of First
Instance granting a provisional injunction will, as a general rule, have retroactive effect
As the decision of the CoA to revoke a first instance order means that the CoA finds this order should not have been made. Therefore the order must be regarded as never having had any legal effect.
The revocation of an order (with which a provisional injunction was granted) removes the legal basis for any subsequent decision ordering the payment of a penalty
This is in accordance with Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (“Enforcement Directive”), purusant to which a balance between a high level of protection of intellectual property rights and the rights and freedoms of the defendant must be sought.
Division
CoA Luxembourg
UPC number
UPC_CoA_470/2023, APL_593120/2023
Type of proceedings
Revocation of an order for provisional measures
Parties
Appellants: NanoString Technologies Inc. et. al
Respondents: 10x Genomics, Inc. et. al
Patent(s)
EP 4 108 782
Body of legislation / Rules
Art. 75(1) UPCA, R. 242.1 RoP
