BARDEHLE PAGENBERG is pleased to announce another significant success for 10x Genomics, Inc. before the Unified Patent Court (UPC). In proceedings before the Dusseldorf Local Division (UPC_CFI_140/2024), the Court confirmed the infringement of European Patent EP 2 697 391 by Curio Bioscience Inc. and issued a permanent injunction against the "Curio Seeker Spatial Mapping KIT" for Germany, France, and Sweden.
The infringement proceedings at the Dusseldorf Local Division of the UPC revolved around cutting-edge technology enabling whole transcriptome spatial gene expression analysis at single-cell scale to which 10x Genomics holds the European Patent EP 2 697 391. In its judgment of June 16, 2025, the Court found that Curio Bioscience's "Curio Seeker Spatial Mapping KIT" directly infringes the independent device claim 14 of the patent. Consequently, the Court issued a permanent injunction against Curio Bioscience, prohibiting it from further using, offering, marketing, importing, and stockpiling the infringing "Curio Seeker Spatial Mapping KIT" in Germany, France, and Sweden. Additionally, the Court ordered Curio Bioscience to recall and destroy the infringing products and to provide comprehensive information regarding past infringing acts. The Court also established Curio Bioscience's liability for damages.
The decision, which is subject to appeal, also confirmed a previous preliminary injunction in the same matter which the Dusseldorf Local Division already issued on April 30, 2024 (UPC_CFI_463/2023).
It marks another success within BARDEHLE PAGENBERG's extensive German national and UPC litigation efforts for 10x Genomics as part of 10x Genomics' broad global IP litigation activities. It follows the firm's recent contribution to a highly favorable global settlement in the landmark patent litigation between 10x Genomics and Bruker (formerly NanoString) in May 2025 (BARDEHLE PAGENBERG paves the way for global settlement of landmark litigation between 10x Genomics and Bruker/NanoString).
Representatives of 10x Genomics: BARDEHLE
PAGENBERG (Munich)
Prof. Dr. Tilman Müller-Stoy
(Attorney-at-Law, UPC Representative, Certified IP Lawyer,
Commercial Mediator (MuCDR), Partner)
Dr. Axel B Berger (German and European Patent
Attorney, UPC Representative, Partner)
Dr. Tobias Wuttke(Attorney-at-Law, UPC
Representative, Partner)
Dr. Kerstin Galler (Attorney-at-Law, UPC
Representative, Counsel)
Dr. Martin Drews (Attorney-at-Law, UPC
Representative, Counsel)
Dr. Markus Ackermann (German and European
Patent Attorney, UPC Representative, Senior Associate)
Monika Harten, LL.M. (Attorney-at-Law, UPC
Representative, Associate)
Main Counsel for Curio Bioscience: Carpmaels &
Ransford LLP (London) and EIP (Dusseldorf)
Agathe Michel-de Cazotte (Attorney-at-Law, UPC
Representative)
Cameron Marshall (European Patent Attorney, UPC
Representative)
Dr. Christof Höhne, LL.M. (Attorney-at-Law, UPC
Representative)
Isabelle Schaller (Attorney-at-Law, UPC Representative)
Monika Rai (UK and European Patent Attorney, UPC
Representative)
Dusseldorf Local Division
Presiding Judge: Ronny Thomas
Legally qualified Judge: Dr. Anna Thom
Legally qualified Judge: András Kupecz
Technically qualified Judge: Dr. Martin Schmidt