BF exaQC v Google (CFI, 11 August 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 11 August 2026 (UPC_CFI_2082/2026), the President of the Court of First Instance grants the application of Google LLC and Google Germany GmbH and changes the language of the infringement proceedings brought by BF exaQC AG and ParTec AG before the Mannheim Local Division from German to English, the language in which the patents were granted, without translation or interpretation conditions. The order shows that the claimant’s small size and German seat are not enough to keep German where it has already litigated in English before other divisions.

Question

Is a change to English, the language of grant, justified on grounds of fairness under Art. 49(5) UPCA where the claimants are German companies?

Decision

The President applies the Court of Appeal’s criteria: the language commonly used in the technical field, the parties’ seat, size and working language, the defendant’s position prevailing where the balance is even, and the use of the patent’s language not being, as a rule, unfair to the claimant (paragraphs 9 to 15). English dominates the technical field (paragraph 16) and the defendants suffer a structural disadvantage in translation and coordination (paragraph 17). The claimants have already litigated in English before the Munich and Düsseldorf Local Divisions, which shows their capacity to do so (paragraphs 20 and 21). The change comes at an early stage (paragraph 22). No translation or interpretation arrangements are imposed, interpretation remaining available on a later request under Rule 109 RoP (paragraphs 24 to 26).

Key points for practice

• Practical point: a claimant that has already litigated in English before the UPC weakens its objection to a change of language based on its size or seat (paragraphs 18 to 21).

Provisions applied

Agreement on a Unified Patent Court

Arts 49(1), (5) and (6) and 73(2)(a)

Rules of Procedure

Rules 14.1(b), 109, 220.1(c), 321.1, 323 and 324

Case law cited

Court of Appeal, 17 April 2024, UPC_CoA_101/2024, Court of Appeal, 18 September 2024, UPC_CoA_354/2024, Court of First Instance, 16 January 2025, UPC_CFI_627/2024, Court of First Instance, 28 July 2026, UPC_CFI_1146/2026

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.