Seoul Viosys v Laser Components (CFI, 27 February 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 27 February 2024 (UPC_CFI_440/2023, ACT_588685/2023, ORD_10099/2024), the judge-rapporteur of the Paris Local Division (C. Lignieres), after consulting the panel, declined to propose to the parties a change from French to English, the language in which EP 3 404 726 was granted, as requested by Laser Components SAS, defendant in the infringement action brought by Seoul Viosys Co., Ltd. The order shows that a French defendant can hardly object to the claimant’s choice of French.

Question

Can a defendant established in France have the judge-rapporteur propose to the parties a change of the language of the proceedings to the language of grant under Rule 322 RoP?

Decision

Rule 322 allows the judge-rapporteur, on its own initiative or at a party’s request and after consulting the panel, to propose to the parties a change to the language of grant. Art. 49(4) UPCA makes use of that language subject to the parties’ agreement, on grounds of convenience and fairness. Although the patent was granted in English, the claimant chose French, which respects the rights of the defendant, a French company. Neither the nationality of the representative nor that of the third party invited to intervene amounts to a serious ground of convenience or fairness. The panel having given an unfavourable opinion, there was no reason to propose the change requested.

Key points for practice

• Practical point: a defendant sued in its own language will not easily obtain a switch to the language of grant, the nationality of its counsel or of an intervener is not a serious ground.

Provisions applied

Agreement on a Unified Patent Court

Art. 49(4)

Rules of Procedure

Rule 322

Related decisions

• Seoul Viosys v Laser Components, 13 March 2024, order refusing an extension of time for the defence.

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.