No. App_65942/2024
UPC_CFI_483/2024

ORDER
of the President of the Court of First Instance
in the proceedings before the Local Division MUNICH
pursuant to R. 323 RoP (language of the proceedings)
issued on 15/01/2025

APPLICANTS (DEFENDANTS IN THE MAIN PROCEEDINGS):
1) XSYS Germany GmbH,
Industriestraße 1, 77731 Willstätt - Germany
2) XSYS Prepress N.V.,
Oostkaai 50, 8900 Ieper – Belgium
3) XSYS Italia S.r.l.
Corso Di Porta Nuova n. 46, 20121 Milano - Italy
Represented by: Rüdiger Pansch, rospatt Rechtsanwälte PartGmbB, Emanuel-Leutze-Str.
11, 40547 Düsseldorf, Germany.

RESPONDENT (CLAIMANT IN THE MAIN PROCEEDINGS):
Esko-Graphics Imaging GmbH
Zusestraße 4a, 25524 Itzehoe, Germany,
Represented by: Steffen Steininger, Hogan Lovells International LLP, Karl-Scharnagl-Ring
5, 80539 München, Germany.

PATENT AT ISSUE: EP 3742231.

SUMMARY OF FACTS – SUBJECT - MATTER OF THE PROCEEDINGS:
By a statement of claim dated 27 August 2024, Esko-Graphics Imaging GmbH filed an
infringement action against XSYS Germany GmbH, XSYS Prepress N.V. and XSYS Italia S.r.l.
based on EP 3742231.
By a generic procedural application dated 13 December 2024 (No. App_65942/2024), the
abovementioned Defendants requested that the language of the proceedings be changed
from German to English.
The Application was forwarded to the President of the Court of First Instance of the Unified
Patent Court pursuant to R. 323.1 RoP by email dated 17 December 2024. By an Order dated
19 December 2024, the Claimant in the main action (No. ACT_46804/2024
UPC_CFI_483/2024) was subsequently invited, in accordance with R. 323.2 RoP, 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 as language of the proceedings.
By an order dated 24 December 2024, Esko-Graphics Imaging was granted an extension of the
time-limit to comment on the Application until 10 January 2025.
The panel has been consulted in accordance with R.323.3 RoP.

INDICATION OF THE PARTIES’ REQUESTS:
The Applicants requested:
I. That the language of the proceedings be changed to English, language in which the patent
in suit was granted.
II.1 That the Order be not conditional on any translation and interpretation arrangements.
II.2 In the alternative: In the event of an appeal being lodged against the decision of the Court
of First Instance, the parties shall, in accordance with Rule 7(2) RoP, submit non-certified
English translations of their pleadings at their own expense.
II.3 Further in the alternative: Pursuant to Rule 7(2) of the Rules of Procedure, the parties shall
submit non-certified English translations of their pleadings at their own expense.
Esko-Graphics Imaging GmbH submitted its written comments on 9 January 2025 and
consented to the requested change. Furthermore, they agreed that translations of the
pleadings and other documents already submitted are not required pursuant to R. 324 RoP.

GROUNDS FOR THE ORDER:
As expressly agreed by Esko-Graphics Imaging GmbH 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.
The present order shall not be conditional on specific translation or interpretation
arrangements, as agreed by the parties.

ON THESE GROUNDS:
1- The application is granted, and the language of the proceedings (German) shall be
changed to English (language in which the patent was granted).
2- The present order shall not be conditional on specific translation or interpretation
arrangements.
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 requires the Applicants to file the Statement of defence within the time period
prescribed by the Rules of Procedure.

Issued on 15 January 2025