ARTICLE
15 January 2025

CoA, January 8, 2025, Order Concerning An Application To Intervene, UPC_CoA_621/2024

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Bardehle Pagenberg

Contributor

BARDEHLE PAGENBERG combines the expertise of attorneys-at-law and patent attorneys. As one of the largest IP firms in Europe, BARDEHLE PAGENBERG advises in all fields of Intellectual Property, including all procedures before the patent and trademark offices as well as litigation before the courts through all instances.
An application to intervene may be lodged at any stage of the proceedings by any person establishing a legal interest in the result of an action. An application to intervene shall only be admissible if it is made.
Germany Intellectual Property

Key takeaways

Timing and grounds of an intervention (Rule 313 RoP)

  • An application to intervene may be lodged at any stage of the proceedings by any person establishing a legal interest in the result of an action.
  • An application to intervene shall only be admissible if it is made before the closure of the written procedure unless the Court orders otherwise (Rule 313.2 RoP). The declaration of the intervener not to file a statement of intervention under Rule 315.1 and 315.3 RoP can be a reason for the Court to allow an intervention even after the closure of the written procedure, as this does not delay the proceedings.

Division

Court of Appeal

UPC number

UPC_CoA_621/2024, App_67902/2024, APL_58177/2024

Type of proceedings

Application to intervene in appeal proceedings re application for confidentiality pursuant to R. 262A RoP

Parties

  • Mediatek Inc.: Applicant
  • Daedalus Prime LLC: Appellant (Claimant in the Main Proceedings before the Court of First Instance)
  • Xiaomi Technology Netherlands B.V. and Xiaomi Technology Germany GmbH: Respondents (Defendants in the Main Proceedings before the Court of First Instance)

Patent(s)

EP 2 792 100

Body of legislation / Rules

  • Rule 313 RoP
  • Rule 315 RoP

11B5293130B6ADF91540B5A11F4977A5_en Download

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