C-KORE SYSTEMS v Novawell (CFI, 26 November 2024)
| Date | 26 November 2024 |
|---|---|
| Court | CFI |
| Division | Paris (FR) Local Division |
| Type of action | Infringement Action |
| Registry reference | ACT_592899/2023 · ORD_598523/2023 |
| Parties | C-KORE SYSTEMS LIMITED v. Novawell |
Official decision (PDF) · UPC registry entry
Dhenne Avocats represents claimants and defendants in European patent disputes before the Unified Patent Court, including the Paris divisions.
Dhenne Avocats · 10 October 2026
Our analysis
Summary
By order of 26 November 2024 (UPC_CFI_468/2023, ACT_592899/2023), made after the interim conference of 22 November 2024, the judge-rapporteur of the Paris Local Division (C. Lignieres), in C-KORE Systems’ infringement action on EP 2 265 793 against Novawell, closed the interim procedure, kept English as the language of oral pleadings, refused to hear the expert and the bailiff who had carried out the saisie, and set the value of the case at EUR 1 million.
Question
May the defendant plead in French, have an affidavit disregarded and call the expert and bailiff who carried out the saisie as witnesses?
Decision
Pleading in French was refused: the proceedings are in English, Novawell’s representatives pleaded in English at the review of the saisie and its managers work in English, simultaneous interpretation is unnecessary, as the parties agreed. The affidavit of the applicant’s representative at the saisie is not covered by professional secrecy and stays on file, its probative value being for the court, the bailiff’s minutes carrying the highest probative value. The expert’s report and those minutes are sufficient, so hearing them as witnesses was refused. The value of the case, based on the objective interest pursued when the action was filed (Rule 370.6), was set at EUR 1 million, damages will be determined in separate proceedings (Rule 125).
Key points for practice
- Practical point: where a party’s representatives and managers work in English, it cannot obtain leave to plead in a language other than that of the proceedings.
- Where the expert’s report and the saisie minutes are on file, hearing their authors as witnesses is not necessary.
Provisions applied
- Agreement on a Unified Patent Court
- Arts. 25 and 68(3)(a)
- Rules of Procedure
- Rules 104, 105.5, 109, 125, 196 and 370.6
- European Patent Convention
- Art. 84, Art. 123
- Case law cited
- Confidentiality order ORD_12088/2024 (UPC_CFI_397/2023), between the same parties
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.
Going further
Lexicon: Patent infringement action.
Publications by Matthieu Dhenne: Pleading the Long Arm: What a UPC Statement of Claim Must Carry Beyond Jurisdiction (Kluwer Patent Blog).
Source and translations
- Official source
- Unified Patent Court registry link recorded in the record
- Original language
- not recorded
- Translation available
- no translation recorded the firm’s French record is a summary, not a translation
- Date checked
- not recorded
Follow this case
Proceedings, related decisions, appeals, parties and patents as recorded in the registry and in the Dhenne Avocats corpus. Each link states its source.
Proceedings
Parties
- claimantC-KORE SYSTEMS LIMITED5 decisions in the corpusFollow this party
- defendantNovawell4 decisions in the corpusFollow this party
Decisions in the same proceedings and documented appeals
What the record states
- Nature of the act
- Infringement Action
- Outcome (Dhenne Avocats summary)
- La procédure intermédiaire est close. L'anglais reste la langue des plaidoiries, l'audition de l'expert et du commissaire de justice est refusée et la valeur du litige est fixée à un million d'euros.
- Appeal
- No appeal documented in the corpus, this does not mean that no appeal was lodged.
- Instance
- First-instance decision, whether it has become final is not recorded.
Patents mentioned
EP 2 265 793mentioned in: Dhenne Avocats analysis Follow this patent
Patents and standards
| Publication | Role in the dispute | Family | Standard and declaration | Pool | Sources |
|---|---|---|---|---|---|
EP 2 265 793 | Mentioned in the analysis (role not qualified) Also mentioned in 4 other decision(s): C-KORE Systems v NOVAWELL (CFI, 29 January 2025) · NOVAWELL v C-KORE SYSTEMS (CFI, 26 March 2024) · C-KORE SYSTEMS v NOVAWELL (CFI, 1 March 2024) · C-KORE SYSTEMS v NOVAWELL (CFI, 14 November 2023) | not recorded | not recorded | not recorded | Espacenet links not checked mentioned in: Dhenne Avocats analysis |
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