Key takeaways
An intervener may not develop claims contrary to those of the party it supports, and may not autonomously develop claims and procedural modalities distinct from those offered to the party it supports.
Consequently, an intervener that has not filed a counterclaim for invalidity within the time limit set for the party they support cannot claim an extension of time to file an autonomous claim.
Neither the nationality of the representative of one of the parties, nor the nationality of the intervening party constitute serious grounds for proposing a change in the language of the proceedings, for reasons of convenience or fairness.
Division
Local Division Paris
UPC number
UPC_CFI_440/2023
Type of proceedings
Infringement Action
Parties
Photon Wave Co.,Ltd. (Applicant; Intervener in the infringement action)
Seoul Viosys Co, Ltd (Defendant; Claimant in the infringement action)
Laser Components SAS (other party involved; Defendant in the infringement action)
Patent(s)
EP3404726
Body of legislation / Rules
Rule 313 RoP, Rule 9 RoP, Rule 322 RoP
