Home » UPC decisions » Luxembourg Court of Appeal » Court of Appeal, April 17, 2024, Order, UPC_CoA_101/2024

Court of Appeal, April 17, 2024, Order, UPC_CoA_101/2024

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Key takeaways

Relevant circumstances related to the specific case include, for example, the language mostly used in the field of technology involved and, of particular relevance, the language the evidence (including prior art) is primarily written in.

Relevant circumstances related to parties may be the nationality or domicile of the parties. Since a party must be able to fully understand what is submitted by a representative on its behalf and what is submitted by the other party / parties, the fact that the language of the proceedings is not the language of a party, is not compensated by a representative who is proficient in the language of the proceedings. Further, the size of the parties relative to each other is relevant. A multinational company with a substantial legal department has more resources to deal with and coordinate international disputes in different languages than a small company with limited resources that is only active on a limited number of markets.

The applicant of a R.323 RoP request (to decide on the use of the language in which the patent was granted as language of proceedings) continues to have an interest in their request also after the last oral hearing of the Court of First Instance, since the language of the proceedings at the Court of First Instance also determines the language of proceedings at the Court of Appeal (Art. 50 UPCA).


Court of Appeal

UPC number

UPC_CoA_101/2024, ApL_12116/2024

Type of proceedings

Order concerning language of proceedings


Curio Bioscience Inc. ./. 10x Genomics, Inc.


EP 2 697 391

Body of legislation / Rules

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

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  • Emely Rath

    Attorney-at-Law (Rechtsanwältin), UPC Representative

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