Curio Bioscience v 10x Genomics (CFI, 23 April 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 23 April 2024 (UPC_CFI_463/2023, ACT_590953/2023, ORD_22211/2024), presiding judge Thomas, acting as judge-rapporteur of the Düsseldorf Local Division, allowed the division to issue its orders and decisions in German with a certified English translation, in the provisional measures proceedings brought by 10x Genomics, Inc. against Curio Bioscience Inc. on EP 2 697 391 B1. The Court of Appeal had just made English the language of the proceedings, although the whole case, including the oral hearing, had been conducted in German. The order shows how a local division deals with the practical consequences of a late change of language.

Question

Once the Court of Appeal has changed the language of the proceedings to English, may the judge-rapporteur allow the division to rule in German with a certified English translation?

Decision

Yes. Germany has designated English as an additional language of proceedings for its local divisions and has made the indication contemplated by Rule 14.2(c) RoP, which allows the judge-rapporteur to permit decisions in German accompanied by a certified translation. The division used that option exceptionally: the language changed on 17 April 2024, less than two weeks before the scheduled date of the order, the case is complex, the entire procedure was conducted in German and work on the final order had already begun. Building on that work avoids unnecessary delay. The certified translation serves the purposes of Rule 118.8 RoP.

Key points for practice

• Practical point: a change of language obtained late on appeal does not necessarily force the division to draft its decision in the new language, Rule 14.2(c) RoP allows it to rule in the language of the Member State with a certified translation.

Provisions applied

Agreement on a Unified Patent Court

Art. 49(1) and (2)

Rules of Procedure

Rules 14.1(a), 14.1(b), 14.2(c) and 118.8

Case law cited

Curio Bioscience v 10x Genomics, Court of Appeal, 17 April 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.