Enforcement Of Provisional Measures Before The UPC

In the proceedings concerning provisional measures in the order of 5 December 2023 in the 10x Genomics v NanoString case (original order in German/ non-binding machine translation, English), the Munich Local Division imposed a penalty payment of EUR 100,000.00 because of respondents' non-compliance with the preliminary injunction. Before the UPC, the general rule for the enforcement of injunctions in Article 82(3) UPCA refers to national law. Respondents unsuccessfully argued that enforcement of provisional measures required a prior service of the court order from the applicant to the respondents according to Article 82(3) UPCA in connection with German and French national procedural laws. Allegedly, at least a prior notification of the enforcement is required due to respondents' common interest in protection of legitimate expectations (in German: "allgemeine Vertrauensschutzgesichtspunkte"). However, both arguments were dismissed by the Munich Local Division.