UPC CFI President, 26 February 2024: No change of language from German to English - lack of supporting cirumstances

Application to change the language of the proceedings between two US litigants from German to the English language in which the patent was granted to English not granted (Article 49 UPCA, Rule 323 RoP). 

No detailed information or relevant data in support of the assertion that Applicant is entitled to calcification as an “SME”. 

No particular circumstances by Applicant put forward that suffice to raise a fairness issue affecting possibility of organising efficiently its defence despite the timeframe of an application for provisional measures – which instead, may be undermined by the requested change – as both parties are equally confronted with a foreign language and the relating inconvenience in terms of translation and interpretation needs. 

Mere interest of the Court itself – although concurring with those of the users – cannot prevail in the event where none of the other circumstances of the case at hand call for the requested change.

IPPT20240226, UPC CFI, President, 10x Genomics v Curio Bioscience