UPC_CFI_249/2026 – Oppo v KPN

Expert Commentary

Change of language Facts 1. On 23 January 2026, KPN sued Oppo for infringement in the German language. 2. On 20 March 2026, the defendants requested the President of the Court of First Instance to change the language to English and for the claimant to provide a translation of the Statement of Claim within two weeks. 3. KPN agreed but wanted three weeks for providing the translation. The President of the Court of First Instance 1. Changed the language of proceedings to English. 2. Ordered the claimant to provide a translation in 2.5 weeks. Comment 1. Why did KPN (a Dutch company) file in the busy Düsseldorf Division in German? 2. The parties agreed to change the language. This is understandable as KPN probably realized that the President of the Court of First Instance would change the language anyway, in view of the case law on the subject. 3. As the parties agreed, there was no necessity to file a request with the President of the Court of First Instance. R. 321 RoP states that if parties agree, they can simply ask the Court (here, the Local Division Düsseldorf) to change the language. Perhaps the defendant did not want to run the risk that the very busy Düsseldorf Division would refuse because it considers working in German easier? 4. If one party wants 3 weeks and the other 2 weeks for a translation, what do you think the judge is going to decide?

Full Decision Text

Düsseldorf Local Division UPC_CFI_249/2026 Order 07 April 2026 Patent No. EP3349412 ORDER of the President of the Court of First Instance in the proceedings before the Local Division Düsseldorf pursuant to Rule 323 RoP (language of the proceedings) **HEADNOTE:** - In the context of an agreement to change the language of the proceedings, the Court shall consider the interests of all parties involved while deciding on the time limit for providing the respective translations. **KEYWORDS:** R. 324 RoP - Decision upon request for translation of existing pleadings and other documents **APPLICANTS (DEFENDANTS IN THE MAIN PROCEEDINGS):** 1- Guangdong OPPO Mobile Telecommunications Corp. Ltd No. 18 Haibin Road, Wusha Village, Chang ‘an Town – 523860 – Dongguan City, Guangdong Province – CN 2- Orope Germany GmbH Graf-Adolf-Platz 15 – 40213 – Düsseldorf – DE Represented by: Rien Broekstra – Vossius & Brinkhof **RESPONDENT (CLAIMANT IN THE MAIN PROCEEDINGS):** Koninklijke KPN N.V. Wilhelminakade 123 – 3072 AP – Rotterdam – NL Represented by: Axel Verhauwen – Krieger Mes **PATENT AT ISSUE:** EP3349412 **SUMMARY OF FACTS:** By a Statement of Claim filed on 23 January 2026, Koninklijke KPN N.V. brought an infringement action against Guangdong OPPO Mobile Telecommunications Corp. Ltd and Orope Germany GmbH based on EP 3349412. By a procedural application dated 20 March 2026 the abovementioned defendants, referring to R.323 RoP, requested that the language of proceedings be changed from German to English (hereinafter the “Application”). The Application was forwarded to the President of the Court of First Instance of the UPC pursuant to R. 323.1. RoP and the Claimant in the main action was subsequently invited to indicate within 10 days its position on the admissibility of the request and on the use of the language in which the patent was granted (namely English) as language of the proceedings. Koninklijke KPN N.V. submitted their comments on 1 April 2026. **INDICATION OF THE PARTIES’ REQUESTS:** The Applicants request the Court to order that: - the language of the proceedings be changed to English; - the claimant submit an English translation of the Statement of Claim, together with English translations of Annexes K10 and K17, within two weeks of the Court’s order being issued. Koninklijke KPN N.V. submitted its written comments on 1 April 2026 and: - agrees to a change of the language of the proceedings from German to English; - requests the Court to grant the claimant a time period of three weeks to provide an English translation of the Statement of Claim and of the Annexes K10 and K17. **GROUNDS FOR THE ORDER:** 1. On the requested change of the language of the proceedings from German to English: As expressly agreed by the Claimant in its written comments on the Application, the language of the proceedings shall be changed to the language in which the patent at issue was granted – namely English. As this change shall be effective as from the date of the present Order, the current proceedings shall continue in English including all further procedural steps. 2. On the subsequent request for translations: According to R. 323.3 RoP “[t]he President, having consulted the panel of the division, may order that the language in which the patent was granted shall be the language of the proceedings and may make the order conditional on specific translation or interpretation arrangements”. It is furthermore stated (R. 324 RoP) that “[a]n Application under Rule 321.1 or 323.1 shall specify whether existing pleadings and other documents should be translated and at whose cost. If the parties cannot agree the judge-rapporteur or the President of the Court of First Instance, as the case may be, shall decide in accordance with Rule 323.3”. The only remaining issue is the time limit within which the translations should be provided. K 10 (general article on Oppo activities) and K 017 (“Merkmalsgliederung”) alongside the Statement of Claim represent 63 pages in total. Considering the date of effective service and subsequent time limits applicable to the Defendants, Koninklijke KPN N.V. is requested to submit an English translation of the abovementioned documents (SoC/K 10/K 17) by 24 April 2026. **ON THESE GROUNDS:** 1- The language of the proceedings shall be changed to the language in which the patent was granted, namely English. 2- Koninklijke KPN N.V. is requested to provide English translations of the Statement of Claim and of Annexes K 10 and K 17 by 24 April 2026. 3- An appeal may be brought against the present order within 15 calendar days of its notification to the Applicants pursuant to Art. 73. 2 (a) UPCA and R.220 (c) RoP. **INSTRUCTIONS TO THE PARTIES AND TO THE REGISTRY:** The next step is for the Applicants to file the Statement of Defence within the time period as set by the Judge-rapporteur. Issued on 07 April 2026 NAME AND SIGNATURE Florence Butin President of the UPC Court of First Instance

Key Holdings

• The President of the Court of First Instance can change the language of proceedings to English.
• If parties agree to a language change, they can directly ask the Court (Local Division) under R. 321 RoP, without needing to file a request with the President of the CFI.
• The Court will decide on translation deadlines if parties disagree on the duration.

Tags

• Procedural
• Language of Proceedings
• Case Management
• Agreement

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