UPC APP 36130/2024

—·EP2196231: System for ambulatory drug infusion comprising a filling apparatus for flexible containers

Case details: Status
—
Action
Procedural application
Category
Other Procedural
Parties: Claimants
Tandem Diabetes Care, Inc.
Tandem Diabetes Care Europe B.V.
VitalAire GmbH
Reps: Charlotte Garnitsch (Taylor Wessing); Christine Kanz (Hoyng Rokh Monegier)
Respondents
Roche Diabetes Care GmbH
Reps: Christof Augenstein (Kather Augenstein)
Division: Hamburg LD
Judges: —
Technology: Pharmaceutical & Medical
Language: —
First decided: Jul 26, 2024

Decisions

2024-07-26
JurisdictionalGeneric application
The President of the Court of First Instance granted Tandem Diabetes Care's application to change the language of proceedings from German to English (the language in which the patent was granted) in an infringement action brought by Roche Diabetes Care GmbH. The court found that where the balance of interests between the parties was equal (both being international companies), the position of the defendant was the decisive factor.
Legal issues:Change of language of proceedings under Rule 323 RoPBalancing of party interests in language decisionsPosition of defendant as decisive factor when interests are equal

Documents