The Unified Patent Court’s (UPC) Local Division Munich has begun making its mark in the business sphere, having recently granted a preliminary injunction in favor of 10x Genomics. This decisive move stops NanoString Technologies, Inc. in its tracks — they are now prohibited from selling their CosMx Spatial Molecular Imager (SMI) instruments and CosMx reagents for RNA detection in 17 European Union countries.
This move signifies the UPC’s initiative and readiness to intervene on critical matters within its jurisdiction, offering a new avenue for patentees seeking to protect their rights across Europe’s diverse market. This development does not only bring a more robust legal system for patent rights enforcement but also sends a clear message that patentees have a reliable road to legal recourse, thereby providing a certain level of assurance and stability for businesses across the region.
The case was extensively reviewed here by the international law firm McDermott Will & Emery, providing an in-depth look into the decision. To have a preliminary injunction granted is indeed indicative of significant harm potentially being caused by the defendant, and for the injunction to be granted, there must have been a clear and imminent threat that materialized into such harm.
Now, the corporate world watches with interest as the UPC’s power unfolds. Patentees, entities, and law firms worldwide will be keen to understand the reach of its enforcement capacities and the ramifications of this case for future patent disputes.
As an alert to the legal professionals working in the world’s biggest corporations and law firms, this new affirmation of power from the UPC signifies a shift in the patent dispute sphere, and professionals should stay informed and prepared to navigate this changing landscape.