UPC CFI LD Paris, 6 May 2024: An intervening party may not develop claims contrary to those of the party it is supporting
10-05-2024 Print this page
An intervening party may not develop claims contrary to those of the party it is supporting (Rule 313 RoP, Rule 9 RoP)
and may not independently develop claims and procedural methods distinct from those offered to the party it is supporting. Consequently, an intervener who has not filed a counterclaim for invalidity within the time limit set for the party it is supporting cannot claim an extension of time to file an independent claim.
No change of language of proceedings from French to the language of the patent (English) (Rule 322 RoP, Article 49 UPCA).
Even though the European patent at issue was granted in English, the plaintiff, a Korean company, chose to bring its action in French, thereby respecting the rights of the defendant, a French company established in France.
Neither the nationality of the representative of one of the parties, nor the nationality of the intervening company, constitute serious grounds for proposing a change in the language of the proceedings for reasons of convenience or fairness.
