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FAST IP v Skechers USA Deutschland (CFI, 29 October 2025)

Date29 October 2025
CourtCFI
DivisionMunich (DE) Local Division
Type of actionInfringement Action
Case number(s)UPC_CFI_743/2025
Registry referenceUPC_CFI_743/2025
PartiesSkechers USA Deutschland GmbH, Skechers S.a.r.l, Skechers U.S.A., Inc., Skechers EDC SPRL, Skechers USA Italia Srl, Skechers USA France SAS…

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.

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Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 29 October 2025 (UPC_CFI_743/2025, EP 4 003 084), the President of the Court of First Instance, after consulting the panel of the Munich Local Division, granted the application of the Skechers companies, the defendants, and changed the language of FAST IP’s infringement action from German to English, the language in which the patent was granted. The order applies the fairness test of Art. 49(5) UPCA, giving particular weight to the defendants’ position.

Question

Should the claimant’s chosen language, German, give way on grounds of fairness to English, the language of the patent?

Decision

Yes. The claimant’s choice may be restricted on grounds of fairness in the light of all relevant circumstances. The technical field and the cited prior art are largely American. Most defendants are subsidiaries established in countries where German is not an official language and work in English, which matters for organising a defence under strict time limits. Enforcement in Germany carries little weight, since it concerns the outcome of the case rather than the parties’ position during the proceedings, and the native language of the judges or representatives is irrelevant. The application, preceded by settlement talks and filed before the time limit for the Statement of Defence, causes no delay. As both sides have teams fluent in both languages, translation is limited to existing pleadings, the Statement of Claim already being available in English, with the judge-rapporteur free to decide later on the German annexes. The order is not conditional on further translation arrangements.

Key points for practice

Provisions applied

Agreement on a Unified Patent Court
Art. 49(1), (2) and (5) and 73(2)(a)
Rules of Procedure
Rules 220.1(c) and 321 to 324
Case law cited
Curio Bioscience v 10x Genomics, 17 April 2024 (UPC_CoA_101/2024, paragraphs 22 to 25 and 34), Court of Appeal, 18 September 2024 (UPC_CoA_354/2024, paragraphs 26 and 27), Munich Local Division, 3 July 2025 (UPC_CFI_448/2025)

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: 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
Only the official text is authoritative. A machine translation is never presented as official, republishing a third-party document requires a verified basis in rights, and a link to the source is preferred.

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

  • UPC_CFI_743/2025 official number

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Parties

Exact name as it appears in the record, group affiliation only where sourced and dated.

Decisions in the same proceedings and documented appeals

No other decision in the corpus bears the same case number, and no appeal is documented in the corpus to date.

What the record states

Nature of the act
Infringement Action
Outcome (Dhenne Avocats summary)
La langue de la procédure passe de l'allemand à l'anglais, langue du brevet, au regard de la situation des défenderesses, du caractère américain du dossier technique et de l'absence de retard.
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

Related decisions cited in the analyses

Scope: Dhenne Avocats corpus. Registry-based links are marked “official number”; links derived from the analyses are marked as such. An erroneous link can be withdrawn without deleting any record.

Patents and standards

PublicationRole in the disputeFamilyStandard and declarationPoolSources
EP 4 003 084Mentioned in the analysis (role not qualified)not recordednot recordednot recordedEspacenet
links not checked
mentioned in: Dhenne Avocats analysis
The statuses “asserted in litigation”, “declared essential”, “listed by a pool” and “essentiality examined by a court” are distinct and may coexist. Validity, infringement and technical essentiality are different questions. Scope: patents cited in the decisions of the Dhenne Avocats corpus, with no essentiality score or prediction.

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