ARTICLE
26 September 2024

Court Of Appeal, September 18, 2024, Order Concerning Language Of Proceedings, UPC_CoA_354/2024

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Bardehle Pagenberg

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.
Unlike Art. 49(4) UPCA, Art. 49(5) UPCA does not mention convenience as a criteria, only fairness. If a claimant is proficient in English and German, claimant's choice of German...
Germany Intellectual Property

1. Key takeaways

Criteria for the decision under Article 49(5) UPCA

Unlike Art. 49(4) UPCA, Art. 49(5) UPCA does not mention convenience as a criteria, only fairness. If a claimant is proficient in English and German, claimant's choice of German as the language of the proceedings is merely one of convenience and thus not relevant under Art. 49(5) UPCA.

Application of Article 49(5) UPCA in the case at hand requires change of the language of the proceedings to English

The UPC Court of Appeal emphasized the primacy of fairness when deciding on the language of proceedings under Article 49(5) UPCA. The CoA overturned a decision of the President of the Court of First Instance that did not sufficiently consider the practical disadvantages for the defendant if the proceedings were to be held in German.

The Court considered that the Appellant's internal working language was English and that its technical experts were based in the USA. Requiring the Appellant to litigate in German would thus create a significant disadvantage.

2. Division

Court of Appeal Luxembourg

3. UPC number

UPC_CoA_354/2024

APL_38948/2024

4. Type of proceedings

Appeal against a decision on the language of proceedings

5. Parties

Appellant (Defendant in the main proceedings): Apple Inc. et al.
Respondent (Claimant in the main proceedings): Ona Patents SL

6. Patent

EP 2 263 098

7. Body of legislation / Rules

Article 49(5) UPCA
Rule 323 RoP

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