English language application to change the language of the proceedings from German to English declared admissible (Rule 7.1 RoP, Rule 14.4 RoP, Rule 323 RoP). According to R. 7.1 RoP, it is within the Court’s discretion to decide on a case-by-case basis whether an application lodged in a different language under R. 323 RoP should be rejected.
Change of language from German to English (the language of the patent) granted (Article 49 UPCA).
If both parties are in a comparable situation, the position of the defendant (s) is the decisive factor. It appears that changing the language of the proceedings would greatly facilitate the coordination among the Defendants – especially those that are not German entities – while not posing any detriment to the Claimant which operates and communicates in English.
IPPT20240823, UPC CFI, President, Maxeon Solar v Aiko Energy
