Share on LinkedInShare on LinkedIn

ARTICLE · 07 OCTOBER 2024

LD Munich, October 2, 2024, Substantive Order, UPC_CFI_153/2024

Bardehle Pagenberg
Bardehle Pagenberg
Contributor
Bardehle Pagenberg

Bardehle Pagenberg

IP practitioners with technical expertise As one of Europe’s leading IP law firms, BARDEHLE...

View firm profile
Explore more from Bardehle Pagenberg

The court, referencing Rule 313 of the Rules of Procedure of the Unified Patent Court (RoP), affirmed that a patent pool administrator possesses a direct and present legal interest in the outcome of such a lawsuit.

GermanyIntellectual Property

1. Key takeaways

Patent pool administrators have a direct legal interest in litigations concerning patents within their pools

The court, referencing Rule 313 of the Rules of Procedure of the Unified Patent Court (RoP), affirmed that a patent pool administrator possesses a direct and present legal interest in the outcome of such a lawsuit.

This interest stems from the administrator's authority to negotiate licenses for the pooled patent, collect royalties, and potentially face claims from pool members based on the litigation's result. The court recognized that a judgment impacting the validity or infringement of the pooled patent directly affects the administrator's legal standing and ability to perform its duties.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See more popular content from