2024-06-18 - LD Düsseldorf - Ona Patents v. Google - UPC_CFI_100/2024

1. A Generic procedural application to change the language of the proceedings using the “R. 9 RoP workflow” is admissible according to R. 4.1 RoP, although it is supposed to be submitted in the form of another specific workflow dedicated to this purpose in the Case Management System (CMS). 2. For a claimant, having had the choice of language of the patent, with the ensuing possibility that the claimant/patentee may have to conduct legal proceedings in that language, as a general rule and absent specific relevant circumstances pointing in another direction, the language of the patent as the language of the proceedings cannot be considered to be unfair in respect of the claimant. 3. The language skills of the contact person likely to follow-up the proceedings on behalf of the Claimant (being a Spanish medium-sized entity) and the existence of parallel proceedings handled in German with limited internal resources compared to those of the Defendants – equipped to handle and coordinate international patents disputes that are assigned to an experienced legal department – are relevant reasons to file an action in German although the language of the patent and relating technology is English. Even if the language skills of the representatives cannot compensate the situation of the parties themselves in this respect, the existence of considerable means remains a relevant factor to be taken into account in the balancing of interests.

As in the parallel proceedings of Apple vs Ona (CFI_99/2024), the application to change the language was rejected