Key takeaways
The concretization of the claims by the claimant is not a mere clarification, but a subsequent unconditional and therefore always admissible limitation/change of the claim within the meaning of R. 263 (3) RoP
According to the wording of the statement of claim, the action was initially directed against all computers and electronic end devices of the defendants that are capable of decoding and playing HEVC files.
The Claimant then requested the admission of a specification of the claims, according to which the action does not assert any claims against the realization of the claimed teaching of the patent in suit by graphics cards of a specific manufacturer.
According to the Court, not only computers in which the decoding and playback of HEVC files is at least also realized via the processor are subject of the claim, but also those devices in which the decoding and playback is carried out via the graphics card. The exclusion of graphics cards from a specific manufacturer therefore constitutes a limitation/change of the claim.
The Court will decide on the costs together with the decision on the merits (R. 118 (5) RoP)
The Court left open whether the change of the claim is a partial withdrawal of the claim, the costs of which were to be borne by the Claimant (R. 265 RoP).
Division
Local Division Duesseldorf
UPC number
UPC_CFI_457/2023
Type of proceedings
Infringement action
Parties
Claimant: Dolby International AB
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 and HP Inc Bulgaria EOOD
Patent(s)
EP 3 490 258 B1
Body of legislation / Rules
Rule 118 (5), 263 (1), (3) RoP