NanoString Technologies Europe v President and Fellows of Harvard College (CFI, 17 December 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 17 December 2024 (UPC_CFI_252/2023, ACT_551180/2023), the Munich Central Division rejected NanoString Technologies Europe Limited’s request to release the EUR 300,000 security for costs it had provided in its action for revocation of EP 2 794 928 against President and Fellows of Harvard College. It accepted that such a security may be released under Rule 352.2 and granted leave to appeal, the question arising for the first time.

Question

May the Court release a security for costs ordered under Rule 158, and on what conditions?

Decision

Rule 158 contains no release provision, but Rule 352.2, under which the Court may release a security on a party’s application, also applies to a stand-alone security for legal costs, so the request was admissible. Release is discretionary and requires that the reasons for the security have ceased to exist, normally through a final and non-appealable judgment, or that the circumstances have materially changed. Only the claimant’s own financial position counts, not its group’s, following the Court of Appeal. NanoString, transferred to Bruker Spatial Biology after Chapter 11 proceedings, gave no details of its own finances, and the assets of Bruker Corporation, a non-party, were irrelevant. A first-instance decision in the claimant’s favour is not relevant while it remains open to appeal.

Key points for practice

• A security for costs will in principle be released only after a final decision or a material change in the claimant’s own position.
• Practical point: a release application must be supported by the claimant company’s own accounts, the financial strength of the acquiring group is not enough.

Provisions applied

Agreement on a Unified Patent Court

Art. 69(4) and Art. 73(2)(b)(ii)

Rules of Procedure

Rules 158, 220.2, 224.1(b), 352.1, 352.2, 353.2 and 354

Case law cited

AUDI v Network System Technologies, Court of Appeal, 17 September 2024 (UPC_CoA_217/2024), Aarke v SodaStream Industries, Court of Appeal, 29 November 2024

Related decisions

• President v NanoString Europe, 30 October 2023, order imposing the security for costs.

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.