Key takeaway
If the language of proceedings shall be changed and the parties’ interests are weighed, the defendant’s interests shall prevail in the event of equal outcome.
In the event that the weighing of interests of the defendant and the claimant results in a draw, the position of the defendant – having not initiated the action and being burdened by strict time limits for its preparation – shall prevail when deciding on a request to change the language of the proceedings.
In the present case, claimant and defendant were found to be international companies operating globally and being, therefore, in a comparable situation regarding their respective logistic and financial resources to conduct patent disputes in various languages. The defendant prevailed with its request pursuant to Art. 49 (5) UPCA to change the language of the proceedings to the language in which the patent was granted.
Division
Mannheim local division; President of the Court of First Instance
UPC number
UPC_CFI_481/2025
Type of proceedings
Infringement proceedings
Parties
Huawei Technologies Co. Ltd. (Claimant)
HMD Global Oy (Defendant)
Patent(s)
EP3667981
Body of legislation / Rules
Rule 323 RoP, Art. 49 (5) UPCA
