Home » UPC decisions » Local Division » LD Duesseldorf, May 14, 2024, Request for leave to change claim, UPC_CFI_457/2023

LD Duesseldorf, May 14, 2024, Request for leave to change claim, UPC_CFI_457/2023

3 min Reading time

Key takeaways

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 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


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