10x Genomics v Curio Bioscience (CFI, 8 August 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 8 August 2024 (UPC_CFI_140/2024, ACT_15774/2024, App_41690/2024), the judge-rapporteur of the Düsseldorf Local Division classified as confidential under Rule 262A RoP Curio Bioscience’s unredacted Statement of Defence, its updated version and two exhibits, in 10x Genomics’ infringement action on EP 2 697 391. Access is granted to two named representatives of 10x Genomics, their teams and named employees. The order clarifies how it relates to the orders made in the earlier provisional measures proceedings (UPC_CFI_463/2023).

Question

Do confidentiality orders made in summary proceedings carry over automatically to the main action, and on what basis can the access circle be widened there?

Decision

Orders made in summary proceedings do not preclude a new order in the main action, and the parties may seek different terms there, as the main action calls for a different balance between the right to be heard, speed and confidentiality (paragraph 3). As confidentiality was not seriously disputed, the information is protected (paragraph 4). There is normally no reason to cap the number of representatives or to confine access to UPC representatives, but Rule 262A.6 RoP requires access to be no wider than necessary and accountability to be clear: the named representatives answer for their teams (paragraph 5). Once a party has named its persons, the other party must justify any objection, which Curio did not do for the three employees (paragraph 6).

Key points for practice

• Practical point: a confidentiality order made in summary proceedings does not automatically carry over to the main action, a fresh application is needed and may redefine the access circle.

Provisions applied

Agreement on a Unified Patent Court

Art. 58

Rules of Procedure

Rule 262A

Other provisions

Directive (EU) 2016/943, Art. 9

Case law cited

Avago v Tesla Germany, Hamburg Local Division, 3 November 2023, 10x Genomics v Curio Bioscience, Düsseldorf Local Division, 23 February 2024, UPC_CFI_463/2023, 10x Genomics v Curio Bioscience, Düsseldorf Local Division, 11 March 2024, 10x Genomics v Curio Bioscience, Düsseldorf Local Division, 22 March 2024, Aylo Freesites v DISH, Mannheim Local Division, 3 July 2024

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.