LD Dusseldorf, May 30, 2024, order pursuant R. 323 RoP, UPC_CFI_26/2024

Art. 49.5 UPCA must be interpreted in such a way that the decision on whether or not to change the language of the proceedings to the language in which the patent was granted must be determined considering the respective interests at stake, without requiring it to constitute a disproportionate disadvantage. It is thus sufficient that the language initially chosen is significantly detrimental to the Applicant. All relevant circumstances must be taken into account, especially related to the specific case, such as the language most commonly used in the relevant technology, and the position of the parties, including their nationality, domicile, respective size, and how they could be affected by the requested change. To change the language, in the overall assessment, the position of the party requesting the change of language must be decisive, in the event that the result of the balancing of interest is the same. Since the claimant in infringement proceedings generally has had the choice of language of the patent, with the ensuing possibility that the claimant/pantentee may have to conduct legal proceedings in that language, as a general rule, the language of the patent as the language of the proceedings cannot be considered to be unfair in respect to the claimant.

The nationality and native language of the judges overseeing the case cannot be considered in relation with the quality of the decision to be delivered and the efficiency of the proceedings.