2025-04-11 - LD Munich - 10x Genomics v. Bruker et al. - UPC_CFI_298/2023
- Aktenzeichen:
- UPC_CFI_298/2023
- Datum:
- Spruchkörper:
- Court of First Instance - Munich (DE) Local Division
- Art:
- Application Order
- Parteien:
- 10x Genomics, Harvard v. Bruker, Luxendo
Kernaussage: 1.
2025-04-11 - LD Munich - 10x Genomics
v.
Bruker et al. - UPC_CFI_298/2023
1. In light of Rule 30.1 (c) RoP, a total of 4 auxiliary requests is indisputably in each case reasonable in number.
2. The longer a proceeding has already lasted, the greater weight is given to the right to be heard within a reasonable period of time in a fair proceeding when deciding whether to continue the proceeding.
The Munich Local Division ordered the immediate continuation of proceedings that were previously stayed, despite the recommendation by the CoA to await its decision regarding the appeal on an order against the Claimant to reduce the number of auxiliary requests.
The Court exercised its discretion to pick up the proceedings and argued that the Claimants had now reduced their auxiliary requests to four which was in any case a reasonable number and that the CoA's recommendation to wait therefore did not apply anymore. Additionally, the proceedings had been ongoing for two years and the Claimants' right to be heard needed to be considered.