Breaking: UPC hits NanoString with European sales ban

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Breaking: UPC hits NanoString with European sales ban

Munich.jpg

The decision marks the first time the Unified Patent Court has issued a preliminary injunction after an oral hearing involving both sides in a dispute

The Unified Patent Court granted US biotech company 10x Genomics a preliminary injunction against rival NanoString today, September 19, in a major first for the new court.

Presiding Judge Matthias Zigann, who handed down the order, said the UPC would decide on another PI request on October 10.

It was initially expected that there would be a decision on both applications today.

NanoString can challenge today’s decision at the UPC Court of Appeal in Luxembourg.

The order marks the first time the UPC has issued a PI after hearing oral arguments between both parties in a dispute since the court started hearing cases in June.

The UPC previously issued an ex parte injunction in a dispute between Swiss bike manufacturers myStromer and Revolt Zycling.

Today’s order comes after a hearing at the Munich local division on September 6. Sources who attended that hearing had told Managing IP that an injunction was likely.

One of 10x’s lawyers, Bardehle Pagenberg partner Tilman Müller-Stoy, described the judges as among the best-prepared he had seen in his career after the hearing.

Zigann heard the case alongside three other judges – Tobias Pichlmaier, András Kupecz, and Eric Enderlin.

The PI is the second injunction 10x has obtained from a court in Germany against NanoString so far this year.

The Munich Regional Court issued an anti-anti-suit injunction against NanoString in April, believed to be the first order of its kind in a German life sciences suit.

The order forced NanoString to withdraw an anti-suit injunction it had filed at the US District Court for the District of Delaware.

more from across site and ros bottom lb

More from across our site

A UK government consultation on AI and copyright, a patent blow for Lenovo and a trademark row over cider were among the big talking points this week
Our most popular stories of the year included a rundown of the 50 most influential people in IP, our in-house ones to watch, and UPC news
Awards
It is time to submit nominations for the sixth annual Life Sciences Awards EMEA
Keejeong Kim, who returned to Yulchon after a four-year gap, said he was intrigued by the opportunity to work on neighbouring areas of law to IP
The IP consulting firm hopes to expand its services and outreach with the support of investors VSS Capital Partners and Century Equity Partners
This update includes a ruling from the Court of Appeal, a judgment of the Paris Local Division, news of upcoming hearings, and predictions for 2025
US counsel review the key copyright and trademark trends of 2024, including generative AI disputes and SCOTUS cases
If 2024 is anything to go by, the next 12 months could see more IP firms seek investment opportunities while IP lawyers are increasingly likely to work alongside other functions
Practitioners reflect on the impact of USPTO guidance, as well as PTAB and litigation trends
We discuss Managing IP’s 50 most influential people in IP list and look back on the biggest talking points in the last month
Gift this article