10x Genomics v Curio (UPC_CFI_658/2025)
Decision date:
02 February 2026
Osborne Clarke summary
- This costs decision by the Düsseldorf LD related to costs in the provisional measures proceedings and subsequent infringement proceedings between 10x Genomics and Curio. In the merits decision, the court had found that Curio had infringed 10x Genomics’ patent and ordered that the costs of both the provisional measures proceedings and the main action be borne 30% by 10x Genomics and 70% by Curio. It set the value in dispute at €2,000,000 for the provisional measures proceedings and €3,000,000 for the infringement action.
- 10x Genomics subsequently applied for a cost decision under Article 69 UPCA and Rules 150-152 RoP, arguing that representation costs incurred across the provisional measures and main proceedings should be treated as a single “unit”, such that the ceilings for recoverable representation costs for both proceedings could effectively be added or that some of the provisional measures costs should be treated as “other expenses” in the main action.
- The Düsseldorf LD rejected this approach. Relying on its earlier decision in Ortovox v Mammut, it reiterated that provisional measures proceedings and main proceedings are separate within the meaning of Article 32(1) UPCA and that costs incurred in provisional measures proceedings are reimbursable separately, within their own ceiling. It was therefore inadmissible to mix or shift representation costs between the provisional measures and main proceedings, even if work done in the provisional measures proceedings was later reused. The court emphasised that only reasonable and proportionate costs are recoverable, that the ceiling is an additional safeguard against undue cost recovery that should not, “as a rule”, be reached. Additionally, it noted that the applicant can influence the setting of the ceiling by specifying a value that reflects its “actual interest in the proceedings”.
- Applying these principles, the court held that: (i) all representation costs in the provisional measures proceedings must be capped by the provisional measures ceiling of EUR 200,000, and (ii) representation costs in the main action must be capped by the main action ceiling of EUR 400,000.
- The Düsseldorf LD therefore ordered Curio to reimburse 10x Genomics a total amount (redacted in the public version) calculated on this basis and dismissed the remainder of 10x Genomics’ application for reimbursement of costs. The decision confirms that provisional measures and main proceedings remain distinct for cost‑ceiling purposes and that parties cannot “top up” unused provisional measures ceiling headroom in later merits proceedings.
Issue
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