1. Key takeaways
A defendant, who has a warranty claim against its supplier, can successfully apply for forced intervention of the supplier under R. 316A.1 RoP
SAS LASER COMPONENTS seeked the forced intervention of PHOTON WAVE Co. Ltd, which it designates as the supplier of the allegedly infringing UV LED chips, claiming that if it were to be found guilty of infringement, it would be entitled to a guarantee from its supplier, and to exercise a warranty claim in respect of fines and costs. The LD Paris found that since SAS LASER COMPONENTS has a warranty claim against PHOTON WAVE Co. Ltd pursuant to Art. 43 CISG, it has a direct interest in challenging PHOTON WAVE Co. Ltd in the context of the decision to be taken in the infringement action.
2. Division
Local Division Paris
3. UPC number
UPC_CFI_440/2023
4. Type of proceedings
Infringement action generic procedural application Forced intervention under R. 316A RoP
5. Parties
Applicant for forced intervention: Laser Components SAS
Defendant to the application for forced intervention: Seoul Viosys Co., Ltd
6. Patent(s)
EP3404726
7. Body of legislation / Rules
Rule 316A RoP
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