HyGear v Topsoe (CFI, 20 March 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 20 March 2026 (UPC_CFI_1849/2025), the President of the Court of First Instance, after consulting the panel of the Düsseldorf Local Division, grants HyGear’s request and replaces German with English, the language of EP 3 802 413, in the inspection and evidence preservation proceedings brought by Topsoe. The change is granted despite the objection of the Technical University of Munich, which did not explain how it would be adversely affected.

Question

Should the language of proceedings be changed to the language of the patent on grounds of fairness (Art. 49(5) UPCA and Rule 323 RoP) in multi-party inspection proceedings?

Decision

All relevant circumstances are taken into account, including the parties’ positions and in particular the defendant’s, which is decisive where the balance is even. HyGear, Topsoe and SYPOX work in English, the parties are of comparable size and resources, and most of the evidence is in English, the predominant language of hydrogen plant technology. The balance favours HyGear despite the domicile of three of the five parties, all the more so as the proceedings are expedited and the change is not likely to slow them down. The order is not conditional on any translation or interpretation arrangements and may be appealed within 15 days (Art. 73(2)(a) UPCA and Rule 220(c) RoP).

Key points for practice

• Practical point: a party opposing a change of language must explain specifically how it would be harmed, an objection of principle carries no weight in the balance.

Provisions applied

Agreement on a Unified Patent Court

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

Rules of Procedure

Rules 192, 199, 220(c) and 323

Case law cited

Court of Appeal, 17 April 2024 (UPC_CoA_101/2024), Court of Appeal, 5 September 2024 (UPC_CoA_207/2024), Court of Appeal, 18 September 2024 (UPC_CoA_354/2024)

Related decisions

• Topsoe v SYPOX, 10 December 2025, order for inspection and preservation of evidence.

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.