1. Key takeaways
Proceedings are not required to be stayed under Rule 311.1, 1st sentence RoP, if a party is declared insolvent only after the oral proceedings have concluded and the dispute is ready for a decision
This is in accordance with the principles of procedural economy and cost efficiency as well as a fair balance between the legitimate interests of the parties, which must be considered in the interpretation of the RoP pursuant to Art. 41(3) UPCA. The parties have already taken all procedural steps and all costs have already been incurred by the parties. It leads to a fair balance between the legitimate interests of the parties if events that only occurred after the conclusion of the oral hearing are also no longer to be considered in the decision-making process.
The interest in a timely order weighs particularly heavily in proceedings aimed at provisional legal protection
Comparable provisions in the national civil procedural law of several contracting Member States to the Agreement can speak in favour of or underpin a particular interpretation of the RoP
2. Division
Court of Appeal, Luxembourg
3. UPC number
UPC_CoA_335/2023
4. Type of proceedings
Appeal proceedings, proceedings on provisional measures
5. Parties
Defendants and appellants: 1. NanoString Technologies Inc. 2. NanoString Technologies Germany GmbH 3. NanoString Technologies Netherlands B.V.
Applicants and respondents: 1. 10x Genomics, Inc. 2. President and Fellows of Harvard College
6. Patent(s)
EP 4 108 782
7. Body of legislation / Rules
Rule 311.1 RoP, Art. 41(3) UPCA
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