2024-04-15 - LD Mannheim - MED-EL v. Advanced Bionics - UPC_CFI_410/2023

1.An application according to Art. 49 (5) UPCA and Rule 323.1 RoP can be made at any time until the Statement of Defence has to be lodged according to Rule 23 RoP. Should the different options offered by the RoP be provided with the purpose to reach an agreement on the language to be used before forwarding the request to the President of the CFI, this interpretation is not in contradiction with such aim as within the time-limit laid down in the RoP to lodge the Statement of Defence, it remains possible to file a procedural application pursuant R. 321 or 322 RoP and later on refer to R. 323. 2. 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, 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, strategical choices relating to the constitution of the team, although influencing the general management of the cases, is not obviously affecting the conditions under which the defence is exercised.

The President of the Court of First Instance rejected the application for a change of languages, weighing the parties arguments