Curio v 10x Genomics (UPC_CoA_805/2024)

Decision date:

03 March 2025

Court

Court of Appeal

Patent

EP 2 697 391

Full decision available here:

Osborne Clarke summary

10x Genomics brought an infringement action against Curio in the Düsseldorf LD. The Düsseldorf LD ordered Curio to provide security for legal costs and other expenses but granted leave to appeal that order. Curio made an appeal, to which 10x Genomic filed a statement of response. The judge rapporteur then issued a procedural order and in response to this Curio filed an application to withdraw its appeal pursuant to Rule 265 RoP.
The Court of Appeal held that as long as there is no final decision in an action, a claimant may, pursuant to Rule 265.1 RoP, apply to withdraw their action. The application to withdraw shall not be permitted if the other party has a legitimate interest in the action being decided by the court. 10x Genomics had not filed any comments on Curio's request to withdraw its appeal and therefore was not considered to have a legitimate interest in the appeal being decided. As such, Curio's application was permitted.

Reach out to our patents team for expert guidance and support.