2024-07-26 - LD Hamburg - Roche v. Tandem Diabetes et al. - UPC_CFI_88/2024
- Aktenzeichen:
- UPC_CFI_88/2024
- Datum:
- Spruchkörper:
- Court of First Instance - Hamburg (DE) Local Division
- Art:
- Application Order
- Parteien:
- Tandem vs VitalAire
Kernaussage: When deciding on a request to change the language of the proceedings to the language in which the patent was granted, all relevant circumstances relating to the case and to the position of the parties shall be taken into account.
2024-07-26 - LD Hamburg - Roche
v.
Tandem Diabetes et al. - UPC_CFI_88/2024
When deciding on a request to change the language of the proceedings to the language in which the patent was granted, all relevant circumstances relating to the case and to the position of the parties shall be taken into account. If the outcome of balancing of interests is equal – here both parties being international companies operating worldwide – the position of the defendant is the decisive factor.
routine
The President of the UPC Court of First Instance (Butin) granted a R. 323 RoP application to change the language of the Hamburg LD infringement proceedings over EP 2 196 231 from German to English — the language in which the patent was granted — under Art. 49(5) UPCA. Applying the CoA framework in UPC_CoA_101/2024 at [22]–[25], [28]–[30], [34], the President balanced the interests of the parties on fairness grounds. Both sides are international technology companies operating in a field where English is the dominant technical language; defendants were a US and a Dutch company plus a German subsidiary of the French Air Liquide group whose internal working language is English. Where the balance of interests comes out equal, the position of the defendants is decisive — because claimants enjoy flexibility in forum and timing, whereas defendants are bound by strict deadlines. None of the parallel proceedings (CD in English, Düsseldorf LD in German on a different patent) altered the outcome. No conditional translation/interpretation arrangements were imposed because the Statement of Claim had already been translated.
Stichwörter
Change of the language of the proceedings , R. 323 RoP