1. Key takeaways
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 necessary to constitute a disproportionate disadvantage. A fairness issue can occur if one party compared to the other(s), is remarkably disadvantaged by the conditions in which it has to organize its defence due to the language of the proceedings. Inconvenience and costs incurred in the event of parallel related proceedings in different languages is not sufficient to allow the requested change pursuant to R. 323 RoP.
2. Division
LD Mannheim
3. UPC number
UPC_CFI_410/2023
4. Type of proceedings
infringement action
5. Parties
Advanced Bionics AG, Advanced Bionics GmbH, Advanced Bionics Sarl, MED-EL Elektromedizinische Geräte Gesellschaft m.b.H.
6. Patent(s)
EP4074373
European Patent with unitary effect
7. Body of legislation / Rules
Art. 49(5) UPCA, R. 323 RoP
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