2025-09-08 - LD Hamburg - Fraunhofer-Gesellschaft zur Förderung der angewandten Forschung v. HMD Global

When deciding on an application to change the language of the proceedings to the language in which the patent was granted for reasons of fairness, all relevant circumstances must be considered. In the context of this overall assessment, due consideration must be given to the need for the adverse party to coordinate and communicate internally in view of their defence.

President Butin granted HMD Global language change from German to English under Art. 49(5) UPCA / R. 323 RoP in Fraunhofer infringement action. English common in audio processing. Fraunhofer regularly works in English. Defendant internal coordination needs weigh in favor.