Home » UPC decisions » Local Division » Mannheim Local Division » LD Mannheim, April 15, 2024, order pursuant to R. 323 RoP (language of the proceedings), UPC_CFI_410/2023

LD Mannheim, April 15, 2024, order pursuant to R. 323 RoP (language of the proceedings), UPC_CFI_410/2023

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Key takeaways

The decision whether or not to change the language of the proceedings into the language in which the patent was granted shall be determined with regard to the respective interests at stake that has to be weighted, without it being necessary to constitute a disproportionate disadvantage. A fairness issue can occur if one party compared to the other(s), is remarkably disadvantaged by the conditions in which it has to organize its defence due to the language of the proceedings. Inconvenience and costs incurred in the event of parallel related proceedings in different languages is not sufficient to allow the requested change pursuant to R. 323 RoP.

Division

LD Mannheim

UPC number

UPC_CFI_410/2023

Type of proceedings

infringement action

Parties

Advanced Bionics AG, Advanced Bionics GmbH, Advanced Bionics Sarl, MED-EL Elektromedizinische Geräte Gesellschaft m.b.H.

Patent(s)

EP4074373

European Patent with unitary effect

Body of legislation / Rules

Art. 49(5) UPCA, R. 323 RoP


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