HyGear v Topsoe (UPC_CFI_1849/2025, UPC_CFI_1849/2025)
Decision date:
20 March 2026
Osborne Clarke summary
- The President of the Court of First Instance granted HyGear’s application to change the language of evidence preservation proceedings before the Düsseldorf LD to the language in which the patent was granted (from German to English) under Rule 323 RoP. The proceedings concern a patent relating to hydrogen production by steam methane reforming and were brought by Topsoe against HyGear and others.
- Applying the Court of Appeal's established framework, the President weighed all relevant circumstances and found that HyGear, Topsoe, and Hy-Gear's co-defendant in the main proceedings SYPOX all used English as a working language and that virtually all of the evidence submitted was in English. The Technical University of Munich opposed the application but identified no specific disadvantage it would suffer from the change, so its objection was given limited weight. The application was granted accordingly.
Issue
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