Topics: Request for change of language of proceedings
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LD Munich, 12 June 2024, Order of the Court of first instance, UPC_CFI_54/2024
Change of language of proceedings upon (unobjected) request: In the absence of an objection from the opposing party, the language of the proceedings shall be changed from German to English, i.e. the language in which the patent at issue has been granted. There was no request that existing pleadings and other documents should be translated.…
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LD Dusseldorf, May 30, 2024, order pursuant R. 323 RoP, UPC_CFI_26/2024
In infringement proceedings, the position of the defendant requesting the language of the proceedings to be changed into the language of the patent is decisive, if in the overall assessment the result of the balancing of interest is the same: Art. 49.5 UPCA must be interpreted in such a way that the decision on whether…
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Court of Appeal, April 17, 2024, Order, UPC_CoA_101/2024
The decision on a R. 323 RoP (Art. 49(5) UPCA) request to change the language of proceedings into the language of the patent shall be based on all relevant circumstances related to the specific case and the position of the parties. Art. 49(5) UPCA provides that in particular the position of the defendant is to…
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LD Mannheim, April 15, 2024, order pursuant to R. 323 RoP (language of the proceedings), UPC_CFI_410/2023
Change of language of the proceedings into the language in which the patent was granted: 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…
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LD Duesseldorf, 26 February 2024, procedural order on language of proceedings, UPC_CoA_335/2023
Applications on change of language require substantiated reasons: The Applicant requested for a change of language from German into English (Art. 49(5) UPCA, R. 322 RoP). It argued that both parties were English speaking companies, that it was an SME and translation costs would be disproportionately disadvantageous for it. Also, this would enable the CoA…
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CoA Luxembourg, 20 December 2023, UPC_CoA_478/2023, App_594342/2023
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)…
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