10x Genomics, Inc. v. NanoString Technologies Inc.

Sun Patent TrustvsVivo Mobile Communication Co., Ltd., Vivo Tech GmbH, and Vivo Mobile Communication Iberia SL

Sun Patent Trust sought suspensive effect under Rule 223 of the Rules of Procedure to prevent the disclosure of highly confidential information (HCI) to three designated Vivo employees pending its appeal of a Paris Local Division confidentiality order in a patent infringement action concerning EP 3 852 468. The Court of Appeal held the application admissible but not well founded, finding that Sun Patent failed to establish the appeal would become devoid of purpose or that its interests outweighed Vivo's interests in timely access to the HCI for filing submissions.

Oerlikon Textile GmbH & Co. KGvsBhagat Textile Engineers

Following a merits decision in favor of Oerlikon Textile GmbH & Co. KG against Bhagat Textile Engineers concerning patent EP2145848, Oerlikon sought rectification under Rule 353 of the Rules of Procedure of a costs decision that had awarded €80,000.00 in reimbursable costs. Oerlikon argued that an additional €20,000.00 for the merits phase should have been added to reach a total of €100,000.00. The Court rejected the application, finding that the €80,000.00 figure was consistent throughout both the operative part and the reasoning of the costs decision, and that the contested phrase was merely a typographical error that did not affect the overall calculation.

ASTELLAS INSTITUTE FOR REGENERATIVE MEDICINEvsHELIOS K.K, RIKEN, OSAKA UNIVERSITY

Unified Patent Court decision.

Winnow Solutions LimitedvsOrbisk B.V.

Winnow Solutions Limited, proprietor of European Patent EP 3 198 245 B1 relating to a system and method for monitoring food waste, sought an order under Rule 190 RoP requiring Orbisk B.V. to produce documents in infringement proceedings. The Judge-Rapporteur found a prima facie case of infringement but held that the request was too broad in certain respects. The court partially granted the request, ordering Orbisk to produce specific technical specification documents regarding categorisation of disposal events and detection/correction of erroneous weights, while protecting confidentiality interests.

Sibio Technology Limited, Umedwings Netherlands B.V.vsAbbott Diabetes Care Inc.

The Court of Appeal of the Unified Patent Court partially granted an application for suspensive effect under R.223 RoP in a patent dispute concerning EP 2 713 879. The appellants (Sibio Technology Limited and Umedwings Netherlands B.V.) appealed a preliminary injunction order issued by the Local Division The Hague in favor of Abbott Diabetes Care Inc. The Court of Appeal found the first instance order manifestly erroneous insofar as it extended to Ireland, since Ireland had signed but not ratified the UPCA and was therefore not a Contracting Member State.