UPC President Court of First Instance, 18 october 2023: Language of proceedings changed into language in which patent was granted

Language of the proceedings changed from Dutch into English, the language in which the patent was granted (Article 49 UPCA, Rule 323 RoP).

Both parties have a good command of English, which is one of their working languages and also the language in which the exchanges prior to the infringement action have been conducted. Consequently, the use of English would not affect the interests of the Respondents, who have already provided a translation of the statement of claim which was served on 10 August 2023.

It follows from Art. 49 (5) UPCA that it may be sufficient that - amongst all relevant circumstances also to be considered - the language initially chosen is significantly detrimental to the Applicant.

IPPT20231018, UPC CFI, President, Plant-e v Arkyne