ORDER
of the President of the Court of First Instance
in the proceedings before the Local Division MUNICH
Issued on 18/09/2025

APPLICANTS (DEFENDANTS IN THE MAIN PROCEEDINGS):
1- Guangdong OPPO Mobile Telecommunications Corp. Ltd.
No. 18 Haibin Road, Wusha, Chang’an Town, Guangdong Province - 523860 -
Dongguan - CN
Represented by: Rien Broekstra Vossius & Brinkhof UPC Litigators
2- Orope Germany GmbH
Graf-Adolf-Platz 15 - 40213 - Düsseldorf - DE
Represented by: Georg Rauh Vossius & Partner Patentanwälte Rechtsanwälte mbB
3- OTECH Germany GmbH
Graf-Adolf-Platz 15 - 40213 - Düsseldorf - DE
Represented by: Georg Rauh Vossius & Partner Patentanwälte Rechtsanwälte mbB
4- Oleading B.V.
Weena 505 - 3013AL - Rotterdam - NL
Represented by: Rien Broekstra Vossius & Brinkhof UPC Litigators
5- Reflection Investment B.V.
Hofplein 20 - 3032AC - Rotterdam - NL
Represented by: Rien Broekstra Vossius & Brinkhof UPC Litigators
No. APP_36449/2025
UPC_CFI_498/2025
6- OTECH Italy S.r.l.
Viale Dell’Innovazione 1 - 20126 - Milan - IT
Represented by: Rien Broekstra Vossius & Brinkhof UPC Litigators

RESPONDENTS (CLAIMANTS IN MAIN PROCEEDINGS):
1- Crystal Clear Codec Sp.z o.o.
Warsaw Sheraton Plaza – Ul Prusa 2 – 00-493 Warschau – PL
Represented by: Jasper Meyer zu Riemsloh, Wildanger Kehrwald Graf v. Schwerin &
Partner mbB

PATENT AT ISSUE: EP2622601

SUMMARY OF FACTS
By a statement of claim filed on 5 June 2025, Crystal Clear Codec Sp.z o.o. brought an infringement action against the Applicants, based on EP2622601.
By a generic procedural application dated 9 September 2025, the abovementioned defendants, referring to R. 323 RoP, requested that the language of the 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 by email dated 9 September 2025.
By an order dated 9 September 2025, the claimant in the main action (No. ACT_26592/2025 UPC_CFI_498/2025) 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, namely English, as language of the proceedings.
Crystal Clear Codec Sp.z o.o. submitted its written comments on 18 September 2025.
The panel of the LD Munich has been consulted in accordance with R. 323.3 RoP.

INDICATION OF THE PARTIES’ REQUESTS:
The Applicants request that the language of the proceedings be changed to English in accordance with Art. 49(5) UPCA.
Crystal Clear Codec Sp.z o.o. agrees to the requested change.

POINTS AT ISSUE:
The Applicants contend that the change of the language of the proceedings to the language in which the patent was granted is required in the present case for grounds of fairness and having regard to all relevant circumstances as foreseen pursuant to Art. 49 (5) UPCA with a particular attention given to the Defendant’s position. They specify that the Claimant expressly agreed to the requested change through its legal representatives. There is therefore no contentious decision required and the arguments provided are detailed as a precautionary statement. They indicate in substance that Crystal Clear Codec Sp.z o.o. is affiliated with the US entity Crystal Clear Codec LLC. which owns most of the patents of the portfolio at issue, and that all prior exchanges and relating discussions between the parties are in English which
is the language most used in the technical field in question.
Crystal Clear Codec Sp.z o.o. agrees to the requested change in view of the existing case law of the UPC Court of Appeal.

GROUNDS FOR THE ORDER:
1. On the requested change of the language of the proceedings from German to
English:
In the context of a request pursuant to R. 323 RoP stating that both parties agree to use the
language in which the patent was granted (R. 321.3), the President of the CFI “may order that
the language in which the patent was granted shall be the language of the proceedings”.
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.
The present order shall not be conditional on other specific translation or interpretation
arrangements, which are not requested at this stage.

ON THESE GROUNDS
1- The language of the proceedings shall be changed to the language in which the patent
was granted, namely English.
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 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 18 September 2025