10x Genomics v Curio Bioscience (UPC_CFI_140/2024)
Decision date:
16 June 2025
Osborne Clarke summary
- 10x Genomics brought an infringement action against Curio Bioscience in respect of its patent relating to the localised or spatial detection of nucleic acid in a tissue sample.
- The Düsseldorf LD provided guidance on claim interpretation. Claim 1 of the patent protected a method for the localised detections of nucleic acid in a tissue sample comprising of cells. From a functional perspective, the release of nucleic acid from an intact array may not be required for obtaining transcriptional information in accordance with the patent in suit. The court emphasised that the skilled person should not only take into account such functional considerations. The Düsseldorf LD noted that Article 69 EPC should not be understood to mean the claims are only a guideline and that the protection actually conferred may extend to what a skilled person would have thought when considering the description and drawings. The Düsseldorf LD reminded that that the claims define the scope of a patent's protection. In this case, the functional considerations could not be reconciled with the clear wording of the claim. Therefore, the clear wording of the claim prevailed and the court found that claim 1 was not infringed.
- The court also considered claim 14, which protected an array and was therefore a product claim. As it was a product claim, the Düsseldorf LD held that it was irrelevant how the claimed product was produced; rather the structure was the decisive consideration. On this understanding, the challenged embodiments made literal use of claim 14 and therefore it was infringed.
- An injunction and damages were ordered. Curio Bioscience was also ordered to recall and destroy the infringing products, and to provide 10x Genomics with information regarding the infringement (for example, information on deliveries, customers etc). The costs of this action and the prior interim injunction proceedings were to be split on a 30% (10x Genomics) / 70% (Curio Biosciences) basis.
Issue
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