UPC_CFI_1146/2026
- ASTES4 SA
- BYSTRONIC LASER AG
- BYSTRONIC AUSTRIA GMBH
- BYSTRONIC ITALIA S.R.L
- ISOCHRONIC AG
- ASTES4 SA
- By a statement of claim filed on 2 April 2026
- By a procedural application dated 30 June 2026 the Defendants
- ASTES4 SA submitted their written comments on 16 July 2026.
- The panel of the Local Division Milan was consulted in accordance with R. 323.3 RoP.
- The Applicants request that the language in which the patent was granted, i.e. English
- ASTES4 SA requests that the Court dismiss the Application.
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Decisions and documents (1)
- 2026-07-28procedural
- Applicants:
- Bystronic Austria GmbH; Bystronic Italia S.r.l.; Bystronic Laser AG; Isochronic AG
- Respondent:
- ASTES4 SA
- Considering that Art. 49 (5) does not require the application for a language change to be included in the Statement of Defence, R. 323.3 must accordingly be interpreted in such a manner that it does not preclude the lodging of the application beforehand. This interpretation ensures that the requested change, should it be granted, is implemented as early as possible to limit its impact on the course of the proceedings. - In the event where the outcome of the balancing of interests is equal, the position of the Defendant(s) prevails in the overall assessment. - The domiciliation of parties in countries where the language of the proceedings initially chosen is or is not an official language is important to decide on an application pursuant to R. 323 RoP. However, consideration must also be given to the need for coordination and rapid communication among all Defendants.
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