2026-09-17 - LD Munich - OXFORD NANOPORE TECHNOLOGIES v. MGI TECH et al. - UPC-CFI-0002307/2026

Was ist diese UPC-Entscheidung?

Zusammenfassung: The Munich Local Division granted provisional measures against the German subsidiary of a group whose other members manufacture and distribute a competing nanopore sequencing platform, and extended the injunction to four states outside the UPC system on a long-arm basis. Both patents were held more likely valid than invalid: the obviousness attacks on the first patent relied on hindsight because none of the cited documents recognised the problem of stochastic sensor failure, and the second patent was neither anticipated nor obvious because the prior art taught away from coupling the analyte away from the detector. On infringement, the Court applied R. 171.2 RoP strictly: contesting a statement of fact with ignorance is not specific contesting, a manufacturer or importer may not dispute infringement with ignorance at all, and where the claim feature is a negative fact the respondent carries a secondary burden to offer a technically plausible explanation. Acts of the three foreign respondents were attributed to the German respondent by common design, and necessity followed from the destruction of a one-player market and the danger of price erosion. Service on the foreign respondents under the Hague Convention had failed, so the Court separated the proceedings against them rather than deciding on alternative service, which needs an application.

Quelle und Fundstellen

Quelle: UPC Website

Aktenzeichen: UPC-CFI-0002307/2026