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Overview · Filed: Oct 28, 2024

UPC_CFI_627/2024

A COMPUTER CLUSTER ARRANGEMENT FOR PROCESSING A COMPUTATION TASK AND METHOD FOR OPERATION THEREOF

InfringementMain Infringement ActionMunich LDInfringementCase Closed
OverviewDecisionsReasoningCitationsDocumentsTimeline
Plain-English summary

BF exaQC AG and ParTec AG (German companies) filed an infringement action against NVIDIA Corporation and NVIDIA GmbH before the Munich Local Division in German, asserting EP3743812 and EP2628080 relating to computer cluster arrangements. NVIDIA applied to change the language of proceedings to English under Art. 49(5) UPCA, arguing English is standard in the technology field; the President of the Court of First Instance dismissed the application, weighing NVIDIA's enormous resources against the claimants' legitimate choice of their home language and access-to-justice considerations.

Accepted arguments
What the court agreed with — by party.

  • Claimants' domicile in Germany justifies choice of German as language of proceedings

    ClaimantLegal basis: Art. 49(5) UPCA; R. 323 RoP

    Note: The President found that three of four parties are domiciled in Germany, making the choice of German a legitimate decision not imposing unfairness on the claimants.

  • NVIDIA's size and global resources allow it to conduct proceedings in a foreign language without significant impairment

    ClaimantLegal basis: Art. 49(5) UPCA

    Note: NVIDIA Corp operates through 50 subsidiaries with revenues of USD 60.92 billion in 2024, making German proceedings a matter of convenience rather than genuine hardship.

  • Ensuring fair access to justice for medium-sized enterprises is an important UPCA objective

    ClaimantLegal basis: Art. 49(5) UPCA

    Note: ParTec AG had revenues of only EUR 95.7 million versus NVIDIA's USD 60.92 billion; the disparity weighed against changing language.

Rejected arguments
What the court did not agree with — and why.

  • English is the commonly used language in the relevant field of technology, justifying language change

    RespondentLegal basis: Art. 49(5) UPCA; UPC_CoA_207/2024

    Reason: While undisputed that English is common in the technology field, this factor alone cannot override all other relevant circumstances, particularly the domicile and relative sizes of the parties.

  • NVIDIA is significantly impaired in organising its defence in German

    RespondentLegal basis: R. 323 RoP

    Reason: NVIDIA failed to demonstrate significant impairment; its global scale and resources mean conducting proceedings in German is an inconvenience, not a genuine impediment.

Key legal principles
Doctrines and rules cited in the reasoning.
Language of proceedings fairness assessment requires consideration of all circumstances, not only language of patentDomicile of parties in countries where the chosen language is official is a decisive factor against language changeSize and financial resources of parties are relevant to balancing interests in language change applicationsFair access to justice for medium-sized enterprises is an objective of the UPCA

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