Advanced Bionics v MED-EL Elektromedizinische Geräte (CFI, 15 April 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 15 April 2024 (UPC_CFI_410/2023, ACT_12139/2024), the President of the Court of First Instance, Florence Butin, having consulted the panel of the Mannheim Local Division (Rule 323.3 RoP), refused the application by Advanced Bionics AG, Advanced Bionics GmbH and Advanced Bionics Sarl, defendants in the infringement action on EP 4 074 373 brought by MED-EL Elektromedizinische Geräte Gesellschaft m.b.H., to change the language of the proceedings from German to English. The order accepts an application lodged before the statement of defence but requires a concrete disadvantage.

Question

Is an application to change the language under Art. 49(5) UPCA admissible before the statement of defence, and have the defendants shown sufficient grounds of fairness?

Decision

The application is admissible: Rule 323 RoP sets a latest deadline, and the efficiency objective in the preamble to the Rules supports early filing. It fails on the merits. The President weighed the parties’ interests in the light of fairness. Parallel proceedings, the use of an English patent attorney and internal group practices stem from the defendants’ strategic choices and do not significantly affect the conduct of the defence. Two defendants are seated in German-speaking countries and the third is an affiliate. No financial imbalance or case-specific disadvantage was shown, and cost and inconvenience alone are not enough. Costs are reserved to the main proceedings. An appeal lies within 15 days (Art. 73(2)(a) UPCA and Rule 220.1(c) RoP).

Key points for practice

• Practical point: a language change application may be filed at the outset, but it must show a concrete disadvantage for the defence beyond cost or the group’s own organisational choices.

Provisions applied

Agreement on a Unified Patent Court

Art. 41(1), Art. 49(1) to (5) and Art. 73(2)(a)

Rules of Procedure

Rules 23, 220.1(c), 271.7, 321.1, 322 and 323

Case law cited

The Hague Local Division, 18 October 2023, UPC_CFI_225/2023, Aarke v SodaStream Industries, Düsseldorf Local Division, 16 January 2024

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.