10x Genomics v Curio Bioscience (CFI, UPC_CFI_657/2025, 2 February 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In a decision of 2 February 2026 (UPC_CFI_657/2025), the judge-rapporteur of the Düsseldorf Local Division ordered 10x Genomics, Inc. to reimburse EUR 180,000 in costs to Curio Bioscience Inc. for the provisional measures proceedings (UPC_CFI_463/2023) and the merits action (UPC_CFI_140/2024) concerning EP 2 697 391. The merits decision of 16 June 2025 had placed 30% of the costs on 10x Genomics. The decision shows that, where the costs incurred far exceed the ceiling, objections to individual items lose any practical effect. A separate decision of the same day (UPC_CFI_658/2025) deals with the reverse cost application.

Question

Are the costs of Swedish and German lawyers, paralegals, multiple representatives and travel recoverable, and to what extent?

Decision

Recoverable costs must have actually been incurred, be necessary and not be disproportionate to the value in dispute, the importance and the complexity of the case, assessed ex ante (paragraphs 18 to 23). Curio’s supplementary submissions met the objection that the costs were not substantiated (paragraph 26). The judge left open whether the costs of Swedish and German lawyers and of paralegals are recoverable: even if they were not, the remaining costs exceed the ceiling, so the amount claimed is still due, he noted in passing that paralegals can reduce costs (paragraphs 27 and 28). Dividing work among several representatives is acceptable where no extra cost is shown, and travel costs are irrelevant for the same reason (paragraph 29). Payment is due by 16 February 2026 (paragraph 30).

Key points for practice

• Practical point: where the costs incurred clearly exceed the applicable ceiling, the paying party gains little by challenging individual items, the real contest lies in the cost split in the merits decision.

Provisions applied

Agreement on a Unified Patent Court

Art. 69(1)

Rules of Procedure

Rules 150, 151, 152, 153 and 156.2

Related decisions

• 10x Genomics v Curio Bioscience, 16 June 2025, merits decision setting the cost split.
• 10x Genomics v Curio Bioscience, 2 February 2026, separate decision on 10x Genomics’ cost application (UPC_CFI_658/2025).

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.