Unified Patent Court
No. ACT_29928/2024
Einheitliches Patentgericht
UPC_CFI_54/2024
Juridiction unifiee du brevet
ORDER
of the President of the Court of First Instance
in the proceedings before the Local Division MUNICH
pursuant to Rule 323 RoP (language of the proceedings)
Issued on 12/06/2024
APPLICANTS (DEFENDANTS IN THE MAIN PROCEEDINGS):
- Samsung Electronics GmbH
Am Kronberger Hang 6, 65824 Schwalbach/Taunus
Germany 2. Samsung Electronics France, S.A.S.
6 Rue Fructidor, CS 2003, 93400 Saint-Ouen-Sur-Seine
France 3. Samsung Electronics Co. Ltd.
129, Samseong-ro, Yeongtong-gu, Suwon-si 16677, Gyeonggi-do
Republic of Korea
Represented by: Denise Benz - Allen&Overy
RESPONDENT (CLAIMANT IN THE MAIN PROCEEDINGS):
Headwater Research LLC
110 North College Avenue, Suite 1116, Tyler, TX 75702,
USA
Represented by: Thomas Adam – Peterreins Schley
SUMMARY OF FACTS – SUBJECT – MATTER OF THE PROCEEDINGS:
By a Statement of Claim filed on 12 February 2024, Headwater Research LLC. brought an infringement action against Samsung Electronics GmbH, Samsung Electronics France, S.A.S., and Samsung Electronics Co. Ltd, based on EP 2391947.
By an application dated 24 May 2024, the abovementioned defendants, referring to R.323 RoP, requested that the language of proceedings be changed from German to English (hereinafter the “Application”). The Application was forwarded to the President of the Court of First Instance of the UPC pursuant to R. 323.1. RoP.
By an order dated 27 May 2024, the claimant in the main action (No. ACT_7603/2024 UPC_CFI_54/2024) was therefore invited, in accordance with R. 323.2 RoP, to indicate within 10 days its position on the admissibility of the request and on the use of the language in which the patent was granted (namely English) as language of the proceedings.
Headwater Research LLC. submitted its written comments on the Application on 6 June 2024 and with regard to the recent order dated 30 May 2024 in the case No UPC_CFI_26/2024:
- does not object to the requested change of the language of the proceedings to the language in which the patent was granted.
- welcome a waiver of translation of pleadings and documents already submitted in accordance with R. 324 RoP.
GROUNDS FOR THE ORDER:
In the absence of objection from Headwater Research LLC., the language of the proceedings shall be changed to the language in which the patent at issue has been granted - namely English.
It is to be noted that the Applicants did not request that existing pleadings and other documents should be translated.
ON THESE GROUNDS:
- The Application shall be granted and the language of the proceedings shall be changed to the language in which the patent at issue has been granted, namely English.
- The present order shall not be conditional on specific translation or interpretation arrangements.
- An appeal may be brought against the present order within 15 calendar days of its notification to the Applicants pursuant to Art. 73. 2 (a) UPCA and R.220 (c) RoP.
INSTRUCTIONS TO THE PARTIES AND TO THE REGISTRY:
The next step is for the Applicants to file the Statement of Defence within the time period as set by the Judge-rapporteur.
Issued on 12 June 2024
NAME AND SIGNATURE
Florence Butin President of the UPC Court of First Instance