UPC CoA 654/2024 – 10x Genomics, Inc. and President and Fellows of Harvard College v Vizgen, Inc.

Court: Court of Appeal
Date: 2025-03-05
Outcome: Appeals withdrawn; proceedings closed
Sector: Pharma/Bio
Decision Type: Order on Appeal Withdrawal

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1 Order of the Court of Appeal of the Unified Patent Court concerning applications for withdrawal of the appeal issued on 5 March 2025 APPLICANT AND APPELLANT (PLAINTIFF IN THE MAIN PROCEEDINGS BEFORE THE COURT OF FIRST INSTANCE) 1. 10x Genomics, Inc. 6230 Stoneridge Mall Road - 94588-3260 - Pleasanton (CA) - USA 2. President and Fellows of Harvard College Suite 727E, 1350 Massachusetts Avenue - 02138 - Cambridge (MA) - USA hereinafter: 10x, represented by lawyer Prof. Dr Tilman Müller-Stoy (Bardehle Pagenberg) RESPONDENT AND APPELLANT (DEFENDANT IN THE MAIN PROCEEDINGS BEFORE THE COURT OF FIRST INSTANCE) Vizgen, Inc. 61 Moulton Street - 02138 - Cambridge - USA hereinafter: Vizgen, represented by lawyer Dr Jérôme Kommer (Quinn Emanuel Urquhart & Sullivan) Action number: App 6377/2025 APL 59634/2024 UPC CoA 654/2024 App 6378/2025 APL 61301/2024 UPC CoA 700/2024 App 6376/2025 APL 26/2025 UPC CoA 1/20252025-03-05 CoA Luxembourg UPC CoA 654-2024 App 6377-2025 ORD 6860-2025 en-GBDeepL machine translation provided by www.veron.com 2 PATENT IN SUIT EP 4108782 PANELS AND DECIDING JUDGES PANEL 1a: Klaus Grabinski, President of the Court of Appeal, Peter Blok, judge-rapporteur and legally qualified judge, Emmanuel Gougé, legally qualified judge. LANGUAGE OF THE PROCEEDINGS German ORDERS CONTESTED BY THE COURT OF FIRST INSTANCE Appeal proceedings APL 59634/2024 UPC CoA 654/2024: - Order of the Court of First Instance of the Unified Patent Court, Local Division Hamburg of 22 October 2024 - Action number of the of Court First Instance: App 49415/2024 ACT 460565/2023 UPC CFI 22/2023 ORD 49705/2024 Appeal proceedings APL 61301/2024 UPC CoA 700/2024: - Order of the Court of First Instance of the Unified Patent Court, Local Division Hamburg of 1 November 2024 - Action number of the Court of First Instance: App 39683/2024 ACT 460565/2023 UPC CFI 22/2023 ORD 59493/2024 Appeal proceedings APL 26/2025 UPC CoA 1/2025: - Order of the Court of First Instance of the Unified Patent Court, Local Division Hamburg of 20 December 2024 - Action number of the of Court First Instance: App 62866/2024 ACT 460565/2023 UPC CFI 22/2023 ORD 62955/20242025-03-05 CoA Luxembourg UPC CoA 654-2024 App 6377-2025 ORD 6860-2025 en-GBDeepL machine translation provided by www.veron.com 3 BRIEF DESCRIPTION OF THE FACTS OF THE CASE AND THE PARTIES' APPLICATIONS 1. On 1 June 2023, 10x filed an infringement action against Vizgen of the Unified Patent Court.with the local division Hamburg of the Court of First Instance 2. Vizgen filed three applications under R. 190.1 .of the Rules of Procedure of the UPC Agreement (hereinafter: RoP), seeking an Order for the production of certain documents by 10x 3. With the contested orders, the Court of First Instance (partially) granted applications for referral.the three 4. 10x has lodged an appeal against the contested Orders (APL 59634/2024 UPC CoA 654/2024, APL 61301/2024 UPC CoA 700/2024, and APL 26/2025 UPC CoA 1/2025, hereinafter: the appeals). 5. In documents dated 10 February 2025, 10x requested the withdrawal of the appeals (App 6377/2025, App 6378/2025, and App 6376/2025). 10x does not request a decision on the costs of the parties. 6. Vizgen agrees appeals. to the withdrawal of the Vizgen also does not apply for costs. REASONS FOR THE ORDER 7. Pursuant to R.265 RoP, a plaintiff may as long as no final decision on an action. request the withdrawal of his action has been made This provision applies (mutatis mutandis) also to an appellant who requests the withdrawal of his appeal (UPC CoA 234/2024 APL 27805/2024 App 38102/2024, 10x - Curio). 8. The Court of Appeal allows the withdrawal of the appeals on the application of 10x and with the consent of Curio. 9. R.265.2(c) RoP provides that a decision on costs is to . be in accordance with Part 1 Chapter 5However, as both parties have waived a decision on costs, no decision on costs is required here. ORDER The Court of Appeal I. allows ;the withdrawal of the appeals II. declares the appeal proceedings closed;2025-03-05 CoA Luxembourg UPC CoA 654-2024 App 6377-2025 ORD 6860-2025 en-GBDeepL machine translation provided by www.veron.com 4 +01'00' III. Orders that the Order be .entered in the register This Order was issued .on 5 March 2025 KLAUS STEFAN Digitally signed by KLAUS STEFAN MARTIN Grabinski MARTIN Grabinski Date: 2025.03.05 17:47:17 Klaus Grabinski, President of the Court of Appeal Peter Digitally signed by Peter Hendrik Blok Date: 2025.03.05 17:54:10 +01'00' Peter Blok, judge-rapporteur and legally qualified judge EMMANUEL, LUCIEN, RENÉ GOUGÉ Signé numériquement par EMMANUEL, LUCIEN, RENÉ GOUGÉ Date : 2025.03.05 10:59:33 +01'00' Emmanuel Gougé, legally qualified judge Hendrik Blok2025-03-05 CoA Luxembourg UPC CoA 654-2024 App 6377-2025 ORD 6860-2025 en-GBDeepL machine translation provided by www.veron.com

Key Holdings

The Court of Appeal allows the withdrawal of the appeals lodged by 10x Genomics, Inc. and President and Fellows of Harvard College.
The appeal proceedings (APL 59634/2024, APL 61301/2024, and APL 26/2025) are declared closed.
An appellant may request the withdrawal of their appeal as long as no final decision on the action has been made, applying R.265 RoP mutatis mutandis.
No decision on costs is required when both parties waive their right to a decision on costs, as per R.265.2(c) RoP.

UPC CoA 654/2024 – 10x Genomics, Inc. and President and Fellows of Harvard College v Vizgen, Inc.

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