2024-04-23 - LD Düsseldorf - 10x Genomics v. Curio Bioscience - UPC_CFI_463/2023
- Aktenzeichen:
- UPC_CFI_463/2023
- Datum:
- Spruchkörper:
- Court of First Instance - Düsseldorf (DE) Local Division
- Art:
- Order
- Parteien:
- Curio Bioscience Inc. v. 10x Genomics, Inc.
Kernaussage: 1.
2024-04-23 - LD Düsseldorf - 10x Genomics
v.
Curio Bioscience - UPC_CFI_463/2023
1. As Germany has issued an indication within the meaning of Rule 14.2 (c) RoP, the judge-rapporteur may, in the interest of the panel, issue an order to the effect that the judges may, inter alia, issue and deliver any decision and order in German together with a certified translation into English within the meaning of Rule 118.8 RoP.
2. If the language of the proceedings is changed to English after the oral hearing and immediately before the final order is issued, the judge-rapporteur may make use of this possibility in order to ensure that the Application for provisional measures can be decided immediately.
notable
Short procedural order of the Düsseldorf Local Division (Thomas, J-R) clarifying the language regime in the 10x Genomics v Curio Bioscience PI proceedings. Curio had applied to change the language of proceedings from German (the applicant's original choice under Art. 49(1) UPCA) to English (the patent's language). The CFI President rejected the application on 26 February 2024; the oral hearing took place in German on 26 March 2024. On appeal, the CoA (UPC_CoA_101/2024, order of 17 April 2024) reversed and ordered English as the language of proceedings. With the Düsseldorf LD's PI decision due on 30 April 2024 and the entire case preparation having been done in German, the judge-rapporteur made exceptional use of R. 14.2(c) RoP — which Germany has 'indicated' — to allow the final order to be issued in German with a certified English translation under R. 118.8 RoP, avoiding delay.
Stichwörter
Application for provisional measures, language change, language of the proceedings, indication; Rule 14.2 (c) RoP, certified translation