Belgian SME keeps Dutch at UPC Brussels LD as CFI president rejects Esko’s bid to switch case to English

Context: On March 10, 2026, Belgian company IN(K)CONTROL BV filed a patent infringement action in the Brussels Local Division (LD) of the Unified Patent Court (UPC) against Esko-Software BV and Esko-Graphics BV (part of the U.S.-listed Veralto group) over EP3841735 (“Method and system for improving the print quality”). The claim was filed in Dutch, one of Belgium’s official UPC languages. On April 16, Esko filed a motion to switch the lawsuit to the English language, in which the patent was granted.

What’s new: The President of the UPC’s Court of First Instance (CFI), Florence Butin, rejected the request. She held that although English could be the most common language for the specific technology field and probably the most practical for technical discussions, such factors were outweighed by the parties’ size and country.

Direct impact: The infringement case continues in Dutch. Esko must now file its statement of defense in Dutch under the normal timetable. IN(K)CONTROL, a small Belgian company, keeps its home-language advantage.

Wider ramifications: The ruling is another sign that the UPC won’t automatically move cases into English just because the patent, the technology, or the defendants’ business is international. Smaller European patentees may take comfort that choosing a local language can still stick. Many UPC practitioners watch these fights closely because language affects cost, strategy, and who gets to play. ip fray previously covered a similar dispute in Partec v. Nvidia (January 17, 2025 ip fray article), where a requested switch to English was also denied.