Bruker Spatial Biology v 10x Genomics (CFI, 24 February 2025)

Date	24 February 2025
Court	CFI
Division	Munich (DE) Local Division
Type of action	Generic application
Registry reference	App_15954/2024 · ORD_16106/2024
Parties	NanoString Technologies Inc., NanoString Technologies Germany GmbH, NanoString Technologies Netherlands B.V.

Official decision (PDF) · UPC registry entry

Dhenne Avocats represents claimants and defendants in European patent disputes before the Unified Patent Court, including the Paris divisions.

Contact the firm

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By decision of 24 February 2025 (UPC_CFI_2/2023, App_15954/2024), the judge-rapporteur of the Munich Local Division (Judge Pichlmaier) fixed at EUR 337,431.50 the costs that 10x Genomics, Inc. and NanoString Technologies Inc. must reimburse by 31 March 2025 to Bruker Spatial Biology, Luxendo and Bruker Nederland for the provisional measures proceedings at first instance and on appeal. The decision allows cost fixation following a Court of Appeal decision in provisional measures proceedings and treats it as final.

Question

Is an application for the determination of costs (Rules 150 and 151) admissible after a Court of Appeal costs decision in provisional measures proceedings, and was it filed within the extended time limit?

Decision

Yes. The Court of Appeal had rejected the application for provisional measures on 26 February 2024 and ordered the applicants for those measures to bear the costs. The judge-rapporteur declined to follow the Düsseldorf Local Division line confining costs decisions under Rule 118.5 to main proceedings, since Rule 242.1 contains no such restriction. The application of 14 August 2024 met the time limit extended on 3 December 2024 under Rule 9.3 to four weeks after the close of the US Chapter 11 proceedings. The determination is final, the Court of Appeal’s decision not being provisional, and no costs beyond the amount filed within the time limit can now be claimed (Rule 151(b)).

Key points for practice

A costs decision in provisional measures proceedings opens the way to cost fixation without waiting for an action on the merits.
Practical point: the one-month time limit in Rule 151 can be extended (Rule 9.3), but only the amount filed within it is recoverable.

Provisions applied

Agreement on a Unified Patent Court: Art. 69 and 76(1)
Rules of Procedure: Rules 9.3, 118.5, 150.1, 151, 221 and 242.1
Case law cited: Düsseldorf Local Division (UPC_CFI_452/2023), relied on by the parties.

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.

Going further

Lexicon: Written procedure (UPC), Court fees and costs (UPC).

Source and translations

Official source: Unified Patent Court registry link recorded in the record
Original language: not recorded
Translation available: no translation recorded the firm’s French record is a summary, not a translation
Date checked: not recorded

Only the official text is authoritative. A machine translation is never presented as official, republishing a third-party document requires a verified basis in rights, and a link to the source is preferred.

Follow this case

Proceedings, related decisions, appeals, parties and patents as recorded in the registry and in the Dhenne Avocats corpus. Each link states its source.

Proceedings

No case number recorded in this record.

Parties

claimantNanoString Technologies Inc.17 decisions in the corpus Follow this party
claimantNanoString Technologies Netherlands B.V.6 decisions in the corpus Follow this party
claimantNanoString Technologies Germany GmbH5 decisions in the corpus Follow this party

Exact name as it appears in the record, group affiliation only where sourced and dated.

Decisions in the same proceedings and documented appeals

No other decision in the corpus bears the same case number, and no appeal is documented in the corpus to date.

What the record states

Nature of the act: Generic application
Outcome (Dhenne Avocats summary): Les frais de la procédure de mesures provisoires sont fixés définitivement à 337 431,50 euros, la demande étant recevable après la décision de la cour d'appel et présentée dans le délai prorogé.
Appeal: No appeal documented in the corpus, this does not mean that no appeal was lodged.
Instance: First-instance decision, whether it has become final is not recorded.

Scope: Dhenne Avocats corpus. Registry-based links are marked “official number”; links derived from the analyses are marked as such. An erroneous link can be withdrawn without deleting any record.

Receive an alert

Weekly summary of new records and substantive updates matching what you follow. Address confirmed by email, unsubscribe at any time, one email per week even where several of your follows match.