1. Key takeaways
Direct and present interest of the Intervener
The legal interest required for the admissibility of the intervention is given if the Intervener has a direct and present interest in the issuance of the order or decision requested by the assisted party.
Such a legal interest can be affirmed if the patent in suit has been brought into a patent pool by the Claimant, the Intervener was entrusted with the FRAND obligations of the Claimant and with the licensing of the portfolio including the patent in suit and the Defendant argues that the opposing party failed to fulfill its FRAND obligations due to alleged deficiencies of the Intervener's license offers.
2. Division
LD Duesseldorf
3. UPC number
UPC_CFI_457/2023
4. Type of proceedings
Infringement proceedings, counterclaim for revocation
5. Parties
Claimant: Dolby International AB,
Intervener: Access Advance LLC
Defendants:
HP Deutschland GmbH
HP Inc.
HP International SARL
HP Austria GmbH
HP France SAS
HP Belgium SPRL
HP Inc Danmark ApS
HP Finland Oy
HP Italy S.r.l.
Hewlett-Packard Nederland BV
HP PPS Sverige AB
HPCP – Computing and Printing Portugal, Unipessoal, Lda.
Hewlett-Packard d.o.o.
Hewlett-Packard Luxembourg SCA
HP Inc Bulgaria EOOD
6. Patent(s)
EP 3 490 258 B1
7. Body of legislation / Rules
R. 313.1 RoP
To view the full article click here
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.