2025-06-16 - LD Düsseldorf - 10x Genomics v. Curio Bioscience - UPC_CFI_140/2024
- Aktenzeichen:
- UPC_CFI_140/2024
- Datum:
- Spruchkörper:
- Court of First Instance - Düsseldorf (DE) Local Division
- Art:
- Proceeding Decision
- Parteien:
- 10x Genomics, Inc. v. Curio Bioscience, Inc
Kernaussage: As claim construction is a matter of law and the Court must independently construe the claims (UPC_CoA_768/2024, Order of 30 April 2025, Headnote 1 – Insulet Corporation v EOFlow), the first reference to (further) subclaims at the oral hearing may be admissible provided that t…
2025-06-16 - LD Düsseldorf - 10x Genomics
v.
Curio Bioscience - UPC_CFI_140/2024
As claim construction is a matter of law and the Court must independently construe the claims (UPC_CoA_768/2024, Order of 30 April 2025, Headnote 1 – Insulet Corporation v EOFlow), the first reference to (further) subclaims at the oral hearing may be admissible provided that the feature in question was already in dispute and the subclaims merely provide additional arguments in support of the party’s previously expressed position.
The Düsseldorf Local Division found for infringement and granted an injunction and ordered additional legal consequences (destruction, information, damages) but denied permission for publication.
The Court went into detail regarding claim construction, the admissibility of late arguments, the reasons as to why it did not order a security for the enforcement and the determination of the value in dispute.
Stichwörter
patent specification, Claim construction