UPC CFI LD Munich, 2 October 2024: Intervention by patent pool administrator - restricted access to confidential information
24-11-2024 Print this page
Patent pool administrator admitted as intervener: has a direct and present legal interest in the outcome of the proceedings (R. 313 RoP).
As pool administrator, Applicant is entitled to conduct license negotiations with implementers of the HEVC standard, to enter into license agreements for the patents included in the pool, to collect royalties, and to distribute the royalty income to the pool members.
Intervention not precluded by the fact that it does not prevent a violation of Article 101 TFEU because the Applicant and the Claimant have the possibility to exchange sensitive information under competition law in their written submissions. The parties have the same opportunities to exchange information outside the proceedings and the intervention anyway.
By admitting the intervention, the Applicant is a participant to the proceedings and is to be treated as a party in accordance with Rule 315 (4) RoP.
As it must accept the proceedings at this stage, it must be allowed to inspect the files in order to conduct the proceedings appropriately.
However, the Court has already classified certain parts of the FRAND Counterclaim of the Defendant 1) and of the Statement of defences briefs of the Defendant 1) – 6) and exhibits as confidential (R. 262A RoP) The Applicant can therefore not be granted unrestricted access to this information.