UPC CFI 457/2023

At the UPC: Dolby Group (38 cases)·HP Group (22 cases)

• 2024-07-30
  Public

  Summary: The Düsseldorf Local Division issued a procedural order confirming that an intervener (Access Advance LLC) is treated as a party under Rule 315.4 RoP and is therefore entitled to apply for protection of confidential information under Rule 262A RoP in the Dolby v. HP infringement proceedings.

  Show the legal issues (2)

  • Status of intervener as party (R. 315.4 RoP)
  • Right of intervener to apply for confidentiality protection (R. 262A RoP)
• 2024-06-27
  Public

  Summary: The Düsseldorf Local Division issued a procedural order in Dolby International's HEVC-SEP infringement action against HP entities concerning EP 3 490 258 B1. The order addressed an extension of time for Dolby's reply brief necessitated by a confidentiality protection application (R. 262A) over HP's FRAND licence negotiation submissions. The court held that where a R. 262A application temporarily prevents the claimant from consulting Access Advance (the pool administrator), a full time extension—not merely a partial one—may be granted where it does not prejudice the oral hearing date.

  Show the legal issues (4)

  • Extension of time limit (R. 9.3 RoP)
  • Confidentiality protection (R. 262A RoP)
  • FRAND defence and patent pool
  • Right to be heard
• 2024-06-26
  Public

  Summary: Düsseldorf Local Division (26 June 2024) granted Access Advance LLC's application to join the proceedings as a third-party intervener (Streithelferin) on Dolby's side, holding that Access Advance had a direct legal interest because it managed the FRAND licensing obligations for Dolby's patent pool including the patent in suit, and HP was disputing those FRAND obligations.

  Show the legal issues (4)

  • Third-party intervention (Streithilfe)
  • Legal interest in intervention
  • FRAND obligations
  • Patent pool administrator