Curio Bioscience Inc. v. 10x Genomics, Inc.

The proceedings concern a dispute between two US-based companies, Curio Bioscience Inc. (appellant and defendant in the main proceedings before the Court of First Instance) and 10x Genomics, Inc. (respondent and claimant in the main proceedings). The underlying case involves a request for provisional measures filed by 10x Genomics against Curio Bioscience before the Local Division Düsseldorf (ACT_590953/2023, UPC_CFI_463/2023). The patent in suit is European Patent EP 2 697 391. The proceedings before the Court of First Instance were conducted in German. On January 30, 2024, Curio Bioscience filed a request to change the language of proceedings from German to English. This request was rejected by the President of the Court of First Instance on February 26, 2024 (App_5164/2024, UPC_CFI_463/2023). Curio Bioscience then appealed this decision to the Court of Appeal (EPG_CoA_101/2024, ApL_12116/2024).

The central legal issue concerns the application of Article 49(5) of the UPC Agreement, which provides for the possibility of using the language in which the patent was granted as the language of proceedings. Curio Bioscience argued that both parties are US companies, that the language of the underlying technology field is English, and that most documents submitted in the proceedings are only available in English. Curio Bioscience further contended that a change of language would save it the time and costs of translating documents from German to English, and that as the defendant it would be significantly and disproportionately disadvantaged by having to defend itself in German, a language unfamiliar to the company, within very short deadlines. Curio Bioscience employs approximately 30 employees, while 10x Genomics employs approximately 2,000 employees. 10x Genomics requested that the appeal be dismissed, and subsidiarily, pursuant to Article 49(5) of the UPC Agreement, that Curio Bioscience be ordered to provide certified English translations of the German-language pleadings of both parties and any non-English annexes, and to bear the costs thereof. 10x Genomics also requested that Curio Bioscience be ordered to pay the costs of the proceedings.

& Analysis: The order was issued by the Second Panel of the Court of Appeal, composed of Presiding Judge and legally qualified judge Rian Kalden, legally qualified judge and rapporteur Ingeborg Simonsson, and legally qualified judge Patricia Rombach. The headnote (Leitsatz) establishes the guiding principle: when deciding on a request to change the language of proceedings to the language of the patent on grounds of fairness, all relevant circumstances must be considered. The relevant circumstances should primarily relate to the specific case and the position of the parties, particularly the position of the defendant. If the balancing of interests leads to an equal result, the position of the defendant is the decisive factor.

Final Order & Ruling: The order was issued on April 17, 2024, following an oral hearing held on April 2, 2024. The full reasoning and operative part of the order are not fully visible in the provided text, as the document appears to be truncated. The keywords indicate that the order addresses the change of language of proceedings under Article 49(5) of the UPC Agreement.