ARTICLE
18 December 2024

CoA Luxembourg, December 10, 2024, Revocation Of An Order, UPC_CoA_470/2023

BP
Bardehle Pagenberg

Contributor

BARDEHLE PAGENBERG combines the expertise of attorneys-at-law and patent attorneys. As one of the largest IP firms in Europe, BARDEHLE PAGENBERG advises in all fields of Intellectual Property, including all procedures before the patent and trademark offices as well as litigation before the courts through all instances.
As the decision of the CoA to revoke a first instance order means that the CoA finds this order should not have been made.
Luxembourg Intellectual Property

1. Key takeaways

The revocation under Art. 75(1) UPCA and R. 242.1 RoP of an order of the Court of First
Instance granting a provisional injunction will, as a general rule, have retroactive effect

As the decision of the CoA to revoke a first instance order means that the CoA finds this order should not have been made. Therefore the order must be regarded as never having had any legal effect.

The revocation of an order (with which a provisional injunction was granted) removes the legal basis for any subsequent decision ordering the payment of a penalty

This is in accordance with Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (“Enforcement Directive”), purusant to which a balance between a high level of protection of intellectual property rights and the rights and freedoms of the defendant must be sought.

2. Division

CoA Luxembourg

3. UPC number

UPC_CoA_470/2023, APL_593120/2023

4. Type of proceedings

Revocation of an order for provisional measures

5. Parties

Appellants: NanoString Technologies Inc. et. al

Respondents: 10x Genomics, Inc. et. al

6. Patent(s)

EP 4 108 782

7. Body of legislation / Rules

Art. 75(1) UPCA, R. 242.1 RoP

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