Key takeaways
Suspensive Effect of Appeal
The primary legal issue revolves around the suspensive effect of an appeal, specifically under Rule 223.4 RoP, which allows for suspensive effect in cases of extreme urgency.
Requirement of Extreme Urgency
The Court emphasized that the applicant must demonstrate the existence of an extreme urgency to justify suspensive effect. In this case, the applicant, the applicant merely argued that it will be be forced to comply with a manifestly wrong order without providing sufficient evidence for an extreme urgency.
Legal Provisions
Rule 223.4 RoP: Governs applications for suspensive effect in cases of extreme urgency.
Article 74.1 UPCA: States that an appeal shall not have suspensive effect unless decided otherwise by the Court of Appeal.
Rule 220.2 RoP: Pertains to the appeal process.
Article 41(1) UPCA: Relates to the provision of security for legal costs.
Division
Court of Appeal of the Unified Patent Court
UPC number
UPC_CoA_810/2024, App_66516/2024
Type of proceedings
Application for Suspensive Effect
Parties
Applicant and Defendant in the Main Proceedings: Curio Bioscience Inc.
Respondent and Claimant in the Main Proceedings: 10x Genomics, Inc.
Patent(s)
EP 2 697 391 B1
Body of legislation / Rules
Art. 74(1) UPCA
R. 223 RoP
