Skip to main content

Application Order

page banner image

Main Details:

Registry number
Apple GmbH, Apple Distribution International Ltd., Apple Retail Germany B.V. & Co. KG, Apple Retail France EURL
Order/Decision reference
Type of action
Generic application
Language of Proceedings
Court - Division
Court of First Instance - Düsseldorf (DE) Local Division

German Headnotes:

1. A Generic procedural application to change the language of the proceedings using the “R. 9 RoP workflow” is admissible according to R. 4.1 RoP, although it is supposed to be submitted in the form of another specific workflow dedicated to this purpose in the Case Management System (CMS). 2. For a claimant, having had the choice of language of the patent, with the ensuing possibility that the claimant/patentee may have to conduct legal proceedings in that language, as a general rule and absent specific relevant circumstances pointing in another direction, the language of the patent as the language of the proceedings cannot be considered to be unfair in respect of the claimant. 3. The language skills of the contact person likely to follow-up the proceedings on behalf of the Claimant (being a Spanish medium-sized entity), the location of the registered offices of two defendants and the existence of parallel proceedings handled in German with limited resources compared to those of the Defendants, are relevant reasons to file an action in German although the language of the patent and relating technology is English.

German Keywords:

admissibility, language skills of the contact person, location of the registered offices, language of the patent, wrong workflow, existence of parallel proceedings, language change request