UPC Dusseldorf LD on a partial withdrawal of complaint by narrowing the infringement accusation
https://www.linkedin.com/feed/update/urn:li:activity:7196535228104871936
The Dusseldorf Local Division (LD) of the Unified Patent Court (UPC) has put out a new order that relates to partial withdrawals of complaints by narrowing (through an amendment) an infringement accusation. This is what the Dusseldorf LD has decided:
1. The plaintiff (a Dolby Laboratories entity) in an HEVC video codec case may narrow its infringement accusation to the effect that HP laptops are not accused of infringement if the HEVC standard is implemented by an NVIDIA graphics adapter. Therefore, the question of whether NVIDIA would intervene as per HP's request is moot.
2. Such a narrowing of an infringement allegation may indeed constitute a partial withdrawal of the complaint, but the court is not yet prepared to make a decision on that as there is no reason why HP can't wait until the cost implications of this are addressed once the court has ruled on the merits.
The SEP infringement lawsuit in question is part of the Access Advance LLC group's enforcement efforts. Dolby is an Advance shareholder and licensor. The order mentions pre-litigation correspondence between Advance and HP.
Dolby says the HEVC standard is implemented even in the state in which HP ships certain computers and even if the additional Nvidia graphics adapter is disabled in the system configuration.
Presiding Judge Thomas made the decision together with two other legally qualified judges, Judge Dr. Bérénice Thom (Germany) and Judge Edger Brinkman (from the Netherlands).
Dolby is represented by BARDEHLE PAGENBERG's Volkmar Henke and Tilman Müller (attorneys-at-law), who are supported by two Bardehle patent attorneys, Georg Anetsberger, Dr. (whose name is misspelled in the order; there's a superfluous "r") and Dr. Johannes Möller.
HP is represented by Freshfields Bruckhaus Deringer's Dr. Frank-Erich Hufnagel, Dr. Nina Bayerl, Dr. Stephan Dorn (also misspelled with an "f" instead of "ph"), Dr. Sabrina Biedermann, Eva Acker and Vanessa Romy Werlin.
Link to the order (PDF, in German):
This message was published Wednesday, May 15th 2024 at 11:50AM Eastern Standard Time (US)
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