Huawei Technologies v TP-Link Systems (CFI, 18 November 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 18 November 2025, the President of the Court of First Instance granted the request by TP-Link Systems and the other defendants to replace German with English, the language of grant, in the infringement action brought by Huawei before the Munich Local Division on EP 3 678 321. The change is not conditional on any translation or interpretation arrangements. The order confirms that a request filed before the statement of defence is admissible.

Question

Does fairness under Art. 49(5) UPCA require English to be adopted as the language of proceedings at the request of defendants coordinated by a US parent company?

Decision

The request was admissible, Rule 323.1 setting the statement of defence as the latest point without barring an earlier request (section 1). On the merits, the defendants must show a significant disadvantage in preparing their defence. The Court of Appeal criteria were applied: dominant technical language, the parties’ situation and size, internal working language and coordination needs. English dominates in wireless local network technology, and the subsidiaries must coordinate with their parent under tight deadlines. Huawei’s arguments, based on activity in Germany and its German-speaking counsel, carried less weight, as Huawei itself works mainly in English. An early change causes no delay and requires no translation of existing documents (section 2).

Key points for practice

• The group’s working language and the need to coordinate with the parent company weigh in favour of the language of grant, even for well-resourced companies.
• Practical point: a language change may be requested as soon as the statement of claim is received, without waiting for the statement of defence.

Provisions applied

Agreement on a Unified Patent Court

Art. 49 and 73(2)(a)

Rules of Procedure

Rules 220 and 321 to 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), local division, 18 October 2023 (UPC_CFI_225/2023), 27 November 2023 (UPC_CFI_216/2023), 16 January 2024 (UPC_CFI_373/2023)

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.