2025-04-30 - LD Düsseldorf - InterDigital v. Disney et al. - UPC_CFI_87/2025
- Aktenzeichen:
- UPC_CFI_87/2025
- Datum:
- Spruchkörper:
- Court of First Instance - Düsseldorf (DE) Local Division
- Art:
- Application Order
- Parteien:
- InterDigital v. Disney
Kernaussage: 1.
2025-04-30 - LD Düsseldorf - InterDigital
v.
Disney et al. - UPC_CFI_87/2025
1. The position of all parties potentially affected by the requested change must be heard in the context of an application pursuant to R. 323 RoP.
2. The possibility of changing the language of the proceedings to the language of the patent does not conflict with the option offered to the Claimant pursuant to R. 14.1 RoP. It addresses situations where that initial choice appears to be detrimental to the Applicant(s) and was based on circumstances that cannot prevail when weighing the respective interests. The position of the Defendant(s) shall, in addition, be the decisive factor in the overall assessment when the outcome of this balancing of interests is equal.
The President of the Court of First Instance ordered the change of the language of proceedings (from German to English) on request of the Defendants, going into detail regarding the weighing of interests. The Court stated that if in doubt regarding the result, the Defendants' interests would prevail.
The order was published twice in two parallel proceedings.
Stichwörter
Art. 49 (5) UPCA, Change of the language of the proceedings, R. 323 RoP