LD Duesseldorf, 26 February 2024, Procedural Order On Language Of Proceedings, UPC_CoA_335/2023

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Bardehle Pagenberg

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BARDEHLE PAGENBERG combines the expertise of attorneys-at-law and patent attorneys. As one of the largest IP firms in Europe, BARDEHLE PAGENBERG advises in all fields of Intellectual Property, including all procedures before the patent and trademark offices as well as litigation before the courts through all instances.
The Applicant requested for a change of language from German into English (Art. 49(5) UPCA, R. 322 RoP).
Germany Intellectual Property
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1. Key takeaways

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 to use English later, if needed. According to the LD Duesseldorf, this submission was not sufficient (no specifics on translations costs and on classification as SME). The mere interest of the Court itself to facilitate (appeal) proceedings cannot prevail. Thus, since Applicant failed to put forward any particular circumstances of the case which would suffice to raise a fairness issue affecting the possibility of organising efficiently its defence despite the timeframe of an application for provisional measures the application was rejected.

2. Division

LD Düsseldorf

3. UPC number

UPC_CoA_335/2023

4. Type of proceedings

Application for provisional measures, R. 323

5. Parties

Applicant: Curio Bioscience Inc.

Respondent: 10x Genomics Inc.

6. Patent(s)

EP 2 697 391

7. Body of legislation / Rules

R. 323 RoP; Art 49 UPCA

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LD Duesseldorf, 26 February 2024, Procedural Order On Language Of Proceedings, UPC_CoA_335/2023

Germany Intellectual Property

Contributor

BARDEHLE PAGENBERG combines the expertise of attorneys-at-law and patent attorneys. As one of the largest IP firms in Europe, BARDEHLE PAGENBERG advises in all fields of Intellectual Property, including all procedures before the patent and trademark offices as well as litigation before the courts through all instances.
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