2026-03-06 - LD Milan - KeyMed (Medical& Industrial Equipment) v. PRmedical - UPC-CFI-0000141/2026
- Aktenzeichen:
- UPC-CFI-0000141/2026
- Datum:
- Spruchkörper:
- Court of First Instance - Milan (IT) Local Division
- Art:
- Order
- Parteien:
- KeyMed (Medical & Industrial Equipment) Limited v. PR Medical s.r.l
Kernaussage: ENGLISH:
2026-03-06 - LD Milan - KeyMed (Medical& Industrial Equipment)
v.
PRmedical - UPC-CFI-0000141/2026
ENGLISH:
1. Rule 14.2 (b) RoP, which states that the proceedings shall be conducted in the official language of the Contracting Member State only whether: (i) the Defendant has its principal place of business in that Contracting Member State and (ii) and the action cannot be brought before any other local division according to Art. 33 (1) a) of the Agreement of the Unified Patent Court (“UPCA”) is an exception, to be interpreted restrictively. T
2. These two conditions are cumulative and must therefore be considered together. In the event of a dispute, the claimant bears the burden of proof, bearing in mind the stage of the proceedings.
notable
The Milan LD dismissed PR Medical's preliminary objection that proceedings should be conducted in Italian under R.14.2(b) RoP. The rule requires TWO cumulative conditions: (1) the defendant has its principal place of business in that Contracting Member State AND (2) the action cannot be brought before any other local division under Art. 33(1)(a) UPCA. Both conditions must be met together, interpreted restrictively as an exception. Although PR Medical is domiciled in Italy, KeyMed alleged infringement in Germany and via websites in all Contracting Member States, meaning the action could have been brought before other LDs. The defendant's use of English in its website and product brochures also supported the choice of English as proceedings language.
Stichwörter
ENGLISH:
Rule 14(2)(b) ROP and Article 33(1)(a) of the Agreement