10x Genomics v Vizgen (CFI, ORD_49363/2024, 24 October 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 24 October 2024 (UPC_CFI_22/2023, ACT_460565/2023, ORD_49363/2024), the judge-rapporteur of the Hamburg Local Division (S. Klepsch), in the infringement action on EP 4 108 782 brought by 10x Genomics and President and Fellows of Harvard College against Vizgen, restricted access to a licence agreement filed as exhibit BP 34 to the parties’ outside counsel and their staff. The Registry published it under two entries.

Question

May access to confidential information be denied to every natural person of the opposing party, although Rule 262A.6 RoP in principle requires access for at least one person per party?

Decision

Trade secret status need not be established with certainty: it is enough that it is more likely than not, and Vizgen did not dispute that the agreement was confidential. Rule 262A.6 RoP requires access for at least one natural person per party, unless the parties agree to restrict access to outside counsel. Here the parties had agreed by emails in June 2024 to a regime comparable to the protective order in the parallel action before the District of Delaware. The equal treatment argument based on the wider access regime for the licence filed by Vizgen does not undo that agreement. The information may not be used outside the proceedings, even after they end, and any breach may lead to a penalty payment. The order is not appealable and leave to appeal is not granted of the court’s own motion (Rule 220 RoP).

Key points for practice

• Practical point: an agreement, even by email, on an outside attorneys’ eyes only regime displaces the minimum access of one person per party under Rule 262A.6 RoP, its reach should be weighed before it is given.

Provisions applied

Agreement on a Unified Patent Court

Art. 58

Rules of Procedure

Rules 220, 262A, 331.1, 334 and 335

Other provisions

Directive (EU) 2016/943, Arts. 2 and 9

Case law cited

Plant-e v Arkyne, The Hague Local Division, 4 March 2024, 10x Genomics v Vizgen, Hamburg Local Division, 15 August 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.