Life Sciences

10x Genomics v Vizgen Harvard (UPC_CoA_654/2024, UPC_COA_700/2024 & UPC_CoA_1/2025)

Decision date:

05 March 2025

Court
Court of Appeal
Patent
EP 4 108 782

Full decision (in German) available here:

Osborne Clarke summary

  • 10x Genomics filed an infringement action against Vizgen at the Hamburg LD in June 2023. Vizgen made three requests for the production of documents under Rule 190.1 RoP, which the Hamburg LD granted on 22 October, 1 November and 20 December 2024 respectively. 10x Genomics appealed against the orders of the Hamburg LD.
  • 10x Genomics later requested that its appeal be withdrawn, which Vizgen agreed to.
  • The Court of Appeal held that under Rule 265 RoP a claimant may request the withdrawal of their action provided that a final decision has not yet been issued. This applies equally to an appellant seeking to withdraw their appeal.

This analysis is based on a machine translation of a decision not available in English.

Issue

Procedural
Withdrawal

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