Home » UPC decisions » Luxembourg Court of Appeal » Court of Appeal, February 26, 2024, order on stay of proceedings after insolvency, UPC_CoA_335/2023

Court of Appeal, February 26, 2024, order on stay of proceedings after insolvency, UPC_CoA_335/2023

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Key takeaways

This is in accordance with the principles of procedural economy and cost efficiency as well as a fair balance between the legitimate interests of the parties, which must be considered in the interpretation of the RoP pursuant to Art. 41(3) UPCA. The parties have already taken all procedural steps and all costs have already been incurred by the parties. It leads to a fair balance between the legitimate interests of the parties if events that only occurred after the conclusion of the oral hearing are also no longer to be considered in the decision-making process.

Division

Court of Appeal, Luxembourg

UPC number

UPC_CoA_335/2023

Type of proceedings

Appeal proceedings, proceedings on provisional measures

Parties

Defendants and appellants: 1. NanoString Technologies Inc. 2. NanoString Technologies Germany GmbH 3. NanoString Technologies Netherlands B.V.

Applicants and respondents: 1. 10x Genomics, Inc. 2. President and Fellows of Harvard College

Patent(s)

EP 4 108 782

Body of legislation / Rules

Rule 311.1 RoP, Art. 41(3) UPCA


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