Huawei Technologies v HMD Global (CFI, 12 September 2025)
| Date | 12 September 2025 |
|---|---|
| Court | CFI |
| Division | Mannheim (DE) Local Division |
| Type of action | Generic application |
| Registry reference | App_34682/2025 · ORD_34818/2025 |
| Parties | HMD Global Oy |
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 an order of 12 September 2025 (UPC_CFI_481/2025, App_34862/2025), the President of the Court of First Instance granted HMD Global’s application and changed the language of the proceedings from German to English, the language in which EP 3 667 981 was granted, in Huawei’s infringement action before the Mannheim Local Division. The order confirms that, where the parties are equally placed, the defendant’s position prevails.
Question
Is a change to the language in which the patent was granted justified under Art. 49(5) UPCA between two international groups of comparable size?
Decision
Yes. After consulting the panel (Rule 323.3), the President weighed all the circumstances in the light of the Court of Appeal’s case law. English is the language most used in the wireless communications technology concerned, as the exhibits show. Huawei’s arguments (earlier national litigation between the parties in Germany, its representatives’ command of German, the cost of references to parallel disputes) were not decisive. The two companies being comparably placed, the position of the defendant, which did not choose to sue and works under strict time limits, prevails. The application, filed before the Statement of Defence, causes no delay. The change is not conditional on any translation or interpretation arrangements.
Key points for practice
- Between parties of comparable size, the balance tips in favour of the defendant, which did not choose the language.
- An early application, made before the Statement of Defence, defeats the objection of delay.
Provisions applied
- Agreement on a Unified Patent Court
- Arts 49(1), (2) and (5) and 73(2)(a)
- Rules of Procedure
- Rules 220.1(c), 323 and 324
- Case law cited
- Curio Bioscience v 10x Genomics, Court of Appeal, 17 April 2024, Court of Appeal, 18 September 2024 (UPC_CoA_354/2024), Munich Local Division, 18 August 2025 (UPC_CFI_460/2025), Paris Local Division, 8 September 2025 (UPC_CFI_583/2025)
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: Written procedure (UPC), Court fees and costs (UPC).
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
- claimantHMD Global Oy15 decisions in the corpusFollow this party
Decisions in the same proceedings and documented appeals
What the record states
- Nature of the act
- Generic application
- Outcome (Dhenne Avocats summary)
- La langue de procédure devient l'anglais, langue de délivrance du brevet, la position du défendeur prévalant entre deux groupes internationaux comparables.
- 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 3 667 981mentioned in: Dhenne Avocats analysis Follow this patent
Related decisions cited in the analyses
- Curio Bioscience v 10x Genomics (CoA, 17 April 2024) cited in this record
Patents and standards
| Publication | Role in the dispute | Family | Standard and declaration | Pool | Sources |
|---|---|---|---|---|---|
EP 3 667 981 | Mentioned in the analysis (role not qualified) Also mentioned in 1 other decision(s): Huawei Technologies v HMD Global (CFI, UPC_CFI_481/2025, 20 October 20 | not recorded | not recorded | not recorded | Espacenet links not checked mentioned in: Dhenne Avocats analysis |
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