1. Key takeaways
Penalty payment does not require a further court order
In the event of violations of orders under Art. 62 UPCA, a penalty payment may be imposed without a further court enforcement order in accordance with Art. 82 (4) UPC
The requirements for the imposition of penalty payments are exhaustively regulated in Art. 82 para. 4 UPCA;
Further requirements stipulated in the law of the Contracting Member States are not to be taken into account in this respect
Rule 118.8 RoP does not apply to orders under Art. 62 UPCA
Requirements for an offering according to Art. 25 (a) UPCA
The term "offering" in Art. 25 (a) covers each action in the territorial scope of the patent in question which, in its objective understanding, submits the object to demand for purchase in externally recognizable manner.
2. Division
Local Division Munich
3. UPC number
UPC_CFI_2/2023, ACT_459746/2023, App_577241/2023
4. Type of proceedings
Enforcement proceedings relating to action for provisional measures
5. Parties
10x Genomics, Inc. and President and Fellows of Harvard
College (Claimant)
NanoString Technologies Inc., NanoString Technologies
Germany
GmbH and NanoString Technologies
Netherlands B.V. (Respondent)
6. Patent(s)
EP 4 108 782
7. Body of legislation / Rules
Art. 62 UPCA
Art. 82 (4) UPCA
Rule 118 RoP
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