2025-09-12 - LD Mannheim - Huawei v. HMD Global - UPC_CFI_481/2025
- Aktenzeichen:
- UPC_CFI_481/2025
- Datum:
- Spruchkörper:
- Court of First Instance - Mannheim (DE) Local Division
- Art:
- Application Order
- Parteien:
- HMD v. Huawei
Kernaussage: When deciding on an application to change the language of the proceedings to the
2025-09-12 - LD Mannheim - Huawei
v.
HMD Global - UPC_CFI_481/2025
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 event of equal outcome while all interests
and arguments have been weighed, the position of the Defendant – having not
initiated the action and being borne by strict time limits for its preparation – shall
prevail.
notable
The President of the CFI (Butin) granted HMD Global's application under Art. 49(5) UPCA / R. 323 RoP to change the language of proceedings from German to English in an infringement action brought by Huawei before the Mannheim LD. Applying the CoA framework from UPC_CoA_101/2024, the President found that English is the language most used in wireless communications technology, that parallel German national proceedings are of less relevance, and that representatives' language skills and judges' nationality are not decisive. Both parties in comparable situation; defendant prevails as tie-breaker.
Stichwörter
Change of the language of the proceedings – Art. 49 (5) UPCA and R. 323 RoP