LD Duesseldorf, June 26, 2024, Procedual Order, UPC_CFI_457/2023

1. Key takeaways

Direct and present interest of the Intervener

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.

Such a legal interest can be affirmed if the patent in suit has been brought into a patent pool by the Claimant, the Intervener was entrusted with the FRAND obligations of the Claimant and with the licensing of the portfolio including the patent in suit and the Defendant argues that the opposing party failed to fulfill its FRAND obligations due to alleged deficiencies of the Intervener's license offers.

2. Division