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10x Genomics v NanoString (CFI, 6 October 2023)

Date6 October 2023
CourtCFI
DivisionMunich (DE) Local Division
Type of actionApplication for provisional measures
Case number(s)UPC_CFI_357/2023
Registry referenceACT_578681/2023ORD578815/2023 · UPC_CFI357/2023
PartiesNanoString Technologies Inc. v. 10xGenomics, Inc. / President and Fellows of Harvard College

Official decision (PDF) · UPC registry entry

Case timeline

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

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Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 6 October 2023 (UPC_CFI_357/2023, ORD_578815/2023), the presiding judge of the Munich Local Division, seised the day before by 10x Genomics and President and Fellows of Harvard College of an application for provisional measures to prevent NanoString from seeking an anti-suit or anti-enforcement injunction in the United States (a so-called anti-anti-suit application), granted NanoString a limited right to be heard within a very short period. Without deciding the application itself, the order shows how the Division reconciles the urgency inherent in such measures with the right to be heard.

Question

May an application for an anti-anti-suit injunction, which can ordinarily be granted without hearing the other side, lead to a limited hearing of that party?

Decision

Such applications can as a rule be granted ex parte, since warning the opponent could defeat the purpose of the measure. This case was exceptional: by telephone, NanoString’s counsel gave an assurance, as a lawyer, that no anti-suit or anti-enforcement injunction would be sought, whereas the Division considered that the earlier statements made at hearings in September 2023 were not sufficiently clear. The very short deadline removed the risk of the measure being frustrated. The applicants were to state that same day whether they maintained the application, and NanoString could comment in writing, within the limits so defined, by 11.00 on Monday 9 October 2023. Absent a written statement, the Division would assume that a renewed application for an anti-suit or anti-enforcement injunction was likely and expected to grant the measures sought at once.

Key points for practice

Provisions applied

Provisions
The order cites no provision.

Related decisions

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.


Decisions in the same proceedings

Going further

Lexicon: Application for a preliminary injunction, Order to preserve evidence (UPC).

Publications by Matthieu Dhenne: The Launch Letter: How Generics and Biosimilars Should Write to Avoid UPC Urgency (Kluwer Patent Blog).

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.

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

Proceedings

  • UPC_CFI_357/2023 official number

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Parties

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

Decisions in the same proceedings and documented appeals

  1. 6 October 2023 10x Genomics v NanoString (CFI, 6 October 2023) Application for provisional measures · UPC_CFI_357/2023
  2. 26 October 2023 10xGenomics v NanoString (CFI, 26 October 2023) Application for provisional measures · UPC_CFI_357/2023

    Le retrait des demandes de mesures provisoires est autorisé et la procédure déclarée close. Les demanderesses supportent les frais de justice.

What the record states

Nature of the act
Application for provisional measures
Outcome (Dhenne Avocats summary)
Saisie d'une demande anti-anti-suit, la division accorde à NanoString un droit d'être entendue limité, jusqu'au 9 octobre 2023 à 11 heures, au vu de l'assurance orale donnée par son conseil.
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.

Related decisions cited in the analyses

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.

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