1. Key takeaways
For language of the proceedings, particular consideration is attached to defendant's working environment and communication channels by which legal and technical departments are expected to provide support in preparing their defence on the alleged infringement.
When deciding on an application to change the language of the proceedings to the language in which the patent was granted according to Art. 49 (5) UPCA), all relevant circumstances must be considered. If the defendant has a prominent position and the logistic means to be sued in the official language spoken in the country from which it operates, this circumstance must be weighted with regard to its working environment and communication channels by which legal and technical departments are expected to provide support in preparing their defence on the alleged infringement (cf. UPC_CoA_354/2024, Apl 38948/2024, Order dated 18 September 2024, para. 26-27)
2. Division
President of the Court of First Instance (proceedings before the LD Düsseldorf)
3. UPC number
UPC_CFI_351/2025
4. Type of proceedings
Change of the language of the proceedings
5. Parties
Positec Germany GmbH (applicant, defendant in main proceedings) v Husqvarna AB (respondent, claimant in main proceedings)
6. Patent(s)
EP 3 978 304
7. Main proceedings
Infringement action: Husqvarna AB v Positec Germany GmbH, UPC_CFI_351/2025
8. Body of legislation / Rules
Art. 49 (5) UPCA, R. 323 RoP
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
