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10x Genomics v NanoString Technologies (CFI, 13 January 2025)

Date13 January 2025
CourtCFI
DivisionMunich (DE) Local Division
Type of actionApplication Rop 333
Registry referenceApp_58910/2024 · ORD_60352/2024
PartiesPresident and Fellows of Harvard College

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 a revised order of 13 January 2025 (UPC_CFI_298/2023), panel 1 of the Munich Local Division, on the application of President and Fellows of Harvard College (claimant 2, alongside 10x Genomics, against NanoString Technologies), modified the judge-rapporteur’s order of 14 October 2024. That order, while staying the proceedings pending the decision of the EPO Opposition Division, required 55 auxiliary requests to amend the patent to be cut to a single-digit number. The panel removed that cap and applied a functional test tied to the scope of the revocation counterclaim.

Question

May the court cap in advance, at a single-digit number, the auxiliary requests to amend the patent where parallel EPO opposition proceedings are pending?

Decision

The panel simply ordered claimant 2 to file its auxiliary requests within 20 days of the Opposition Division’s decision. A reasonable number of requests depends on the scope of the counterclaim. Given the complexity of the case and the number of invalidity grounds, 55 requests were not unreasonable, and fairness under Art. 42 UPCA also protects the counterclaim defendant (section II.1). Requests still pending before the EPO when it decides will be allowed, although their number may affect the time limits for reply, and shorter deadlines must be considered (section II.2). A consolidated version, with grounds, is required if amendments are made (section II.3).

Key points for practice

Provisions applied

Agreement on a Unified Patent Court
Art. 42 and Art. 73(1)
Rules of Procedure
Rules 30.1(c) and 220.2
Case law cited
Paris Central Division (UPC_CFI_255/2023, ACT_551308/2023)

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).

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

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
Application Rop 333
Outcome (Dhenne Avocats summary)
La formation supprime la limite à un chiffre des requêtes subsidiaires et ordonne leur dépôt dans les 20 jours de la décision de l'OEB, les requêtes pendantes devant l'OEB étant admises.
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.

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