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.
Division
LD Duesseldorf
UPC number
UPC_CFI_457/2023
Type of proceedings
Infringement proceedings, counterclaim for revocation
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
Patent(s)
EP 3 490 258 B1
Body of legislation / Rules
R. 313.1 RoP
