Main Details: Case number UPC_CFI_373/2023 Date 16 January, 2024 Parties Aarke AB v. SodaStream Industries Ltd. Order/Decision reference ORD_592147/2023 Type of action Generic application Language of Proceedings English Court - Division Court of First Instance - Düsseldorf (DE) Local Division Headnotes: An application according to Art. 49 (5) UPCA and Rule 323.1 RoP can be made at any time until the Statement of Defence has to be lodged according to Rule 23 RoP – 2. An Application lodged in English and not returned by the Registry can be admissible as provided by R. 7.1 RoP, it is for the Court to decide on a case-by-case basis whether an application pursuant to R. 323 lodged in a different language is to be rejected or not – 3. he decision whether or not to change the language of the proceedings into the language in which the patent was granted shall be determined with regard to the respective interests at stake, the situation of the Defendant requires a particular consideration in the event that a SME is sued before the court in light of the legal frame provided by the UCPA taking into account the situation faced by small and medium-sized enterprises. Keywords: language of the proceedings R. 323 RoP – admissibility and merits of the Application Back to Decisions and Orders
Main Details: Case number UPC_CFI_373/2023 Date 16 January, 2024 Parties Aarke AB v. SodaStream Industries Ltd. Order/Decision reference ORD_592147/2023 Type of action Generic application Language of Proceedings English Court - Division Court of First Instance - Düsseldorf (DE) Local Division Headnotes: An application according to Art. 49 (5) UPCA and Rule 323.1 RoP can be made at any time until the Statement of Defence has to be lodged according to Rule 23 RoP – 2. An Application lodged in English and not returned by the Registry can be admissible as provided by R. 7.1 RoP, it is for the Court to decide on a case-by-case basis whether an application pursuant to R. 323 lodged in a different language is to be rejected or not – 3. he decision whether or not to change the language of the proceedings into the language in which the patent was granted shall be determined with regard to the respective interests at stake, the situation of the Defendant requires a particular consideration in the event that a SME is sued before the court in light of the legal frame provided by the UCPA taking into account the situation faced by small and medium-sized enterprises. Keywords: language of the proceedings R. 323 RoP – admissibility and merits of the Application Back to Decisions and Orders