2024-02-26 - LD Düsseldorf - 10x Genomics v. Curio Bioscience - UPC_CFI_463/2023

Was ist diese UPC-Entscheidung?

Zusammenfassung: The President of the UPC Court of First Instance (Florence Butin) dismissed a defendant's application under Art. 49(5) UPCA and Rule 323 RoP to switch the language of provisional-measures proceedings before the Düsseldorf Local Division from German to English (the language of the patent). The Court confirmed that Art. 49(5) UPCA does not require a 'disproportionate disadvantage' and that it may suffice that the language initially chosen is 'significantly detrimental to the Applicant', assessed in light of all relevant circumstances including the position of the defendant. On the facts, Curio failed to substantiate its SME status, did not show specific case circumstances raising a fairness issue (both parties equally faced a foreign language), and the Court's general interest in using English at first instance and on appeal cannot on its own outweigh the absence of such circumstances. The order was not made conditional on translation/interpretation arrangements and is appealable within 15 calendar days under Art. 73(2)(a) UPCA and Rule 220(c) RoP.

Quelle und Fundstellen

Quelle: UPC Case File

Aktenzeichen: UPC_CFI_463/2023