Key takeaways
In proceedings before the Court of Appeal, which do not involve technical issues, the Court of Appeal can decide without technically qualified judges
In an appeal against an order pursuant to R.323 RoP (language of the proceedings) a request by the Appellant applied for on the last day of the time periods under R. 224.1(b) and R.224.2(b) RoP for shortening of a time period pursuant to R.9.3 (b) RoP for lodging the Statement of response has been dismissed in view of the interests of the respondent and principles of due process, even though this means that in the proceedings before the Court of First Instance the Statement of defence has to be lodged in the contested language of proceedings.
Division
UPC – Court of Appeal
UPC number
UPC_CoA_478/2023
App_594342/2023
Type of proceedings
Áppeal procedings regarding a First Instance rejection of an application for a change of the language of the proceedings from German to English.
Parties
APPELLANTS (AND DEFENDANTS IN THE MAIN PROCEEDINGS BEFORE THE CFI) :
- Guangdong OPPO Mobile Telecommunications Corp. Ltd.
- OROPE Germany GmbH
RESPONDENT (AND CLAIMANT IN THE MAIN PROCEEDINGS BEFORE THE CFI) :
Panasonic Holdings Corporation
Patent(s)
EP 3 096 315
Jurisdictions
UPC member states
Body of legislation / Rules
Art.8 UPCA and R.33, R.34, R.37.3, R.57 and R.72 RoP; Art.9.1 and Art. 9.2 UPCA; Art.41(3), 42 and 51(1) UPCA
R.225(e), R.9.3, R.323, R.224.1(b), and R.224.2(b) RoP
