Key takeaways
Sufficient interest for intervention to be admissible
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.
Purchase of accused product establishes interest for intervention to be admissible
Such a legal interest can in any case be affirmed if it is claimed that the product purchased by the intervener infringes the patent-in-suit.
Intervener may be requested to provide security for costs
While Art 69(4) UPCA only provides for the provision of security for costs by the plaintiff, Rule 158 RoP extends the circle of addressees of such an order to “the parties” and thus also to an intervener if the intervention is admitted.
Division
LD Vienna
UPC number
UPC_CFI_33/2024
Type of proceedings
Infringement Proceedings
Parties
Claimant: SWARCO Futurit Verkehrssignalsysteme GmbH
Defendant: STRABAG Infrastructure & Safety Solutions GmbH
Intervener: Chainzone Technology (Foshan) Co., Ltd.
Patent(s)
EP 2 643 717
Body of legislation / Rules
Rule 158, 313, 314 RoP, Art. 69 UPCA
