Overview · Filed: May 3, 2024
UPC_CoA_207/2024
MRI-SAFE DISK MAGNET FOR IMPLANTS
AppealsMain AppealCourt of AppealAppealCase Closed
This case cites
Authorities cited within the decisions on file for this case.
EPC article · 1
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| Art. 49 UPCA | language regime; use of language of patent | Binding | The President of the Court of First Instance has a margin of discretion under Art. 49(5) UPCA to decide on a party's request to use the language of the patent as the language of proceedings |
Rules of Procedure · 1
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| RoP_rule 323 | language change application; timing | Binding | Art. 49(5) UPCA does not require the application for a language change to be included in the Statement of defence. Against this background, R. 323.3 must be interpreted in such a manner that it does not preclude the lodging of the application before the Statement of defence. |
UPC Court of Appeal · 1
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| UPC_CoA_101/2024 | language regime; principles for deciding language change application | Binding | In the order of 17 April 2024, the Court of Appeal set out the principles for deciding an application to use the language of the patent as the language of the proceedings (UPC_CoA_101/2024 Apl_ 12116/2024, Curio Bioscience Inc. v. 10x Genomics, Inc.). |
Cited by
Subsequent UPC decisions citing this case.
| Cited in | Date | Legal point | Strength | Excerpt |
|---|---|---|---|---|
| APL_38206/2024 Court of Appeal | Sep 18, 2024 | language regime | Binding | In its decision of 5 September (UPC_CoA_207/2024, par. 18) the Court of Appeal further clarified that other proceedings pending between the parties do not relate to the specific case and are therefore less relevant. |
| UPC_CFI_627/2024 Munich LD | Jan 16, 2025 | language regime — domicile of parties in country of chosen language is important factor | Binding | The fact that the parties are domiciled in countries where the language of the proceedings chosen by the claimant is an official language was considered by the Court of Appeal to be an important factor in deciding on an application to use the language of the patent as the language of the proceedings (UPC_CoA_207/2024 - APL 24598/2024 – Order dated 5 September 2024). |