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ARTICLE · 07 JULY 2026

LD Düsseldorf, June 26, 2026, Order, UPC_CFI_1035/2026

Bardehle Pagenberg
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A supplier’s potential liability from a defendant’s recourse claim constitutes a “direct and present interest” to intervene in an infringement action under R. 313.1 RoP

GermanyIntellectual Property

1. Key takeaways

A supplier’s potential liability from a defendant’s recourse claim constitutes a “direct and present interest” to intervene in an infringement action under R. 313.1 RoP

The defendant’s formal notice reserving rights to claim for a “defect in title” of supplied components established the tangible risk needed for the intervener’s legal interest.

This interest was reinforced by the defendant’s own submission, which stated a potential interest in having the intervener bound by the judgment to facilitate future claims.

To ensure efficiency and prevent delay, the court can align an intervener’s deadline for its statement with the defendant’s existing deadline, pursuant to R. 315.1(b) RoP

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