UPC Local Division: Intervention

The applicant is the manufacturer of a color- and light-mixing lens system, which was sold by the defendants. None of the parties objected to the application for intervention submitted by the manufacturer of the products at issue. The application for intervention is granted. The legal interest required for admissible intervention is satisfied if the intervener has a direct and current interest in the issuance of the order or decision requested by the supported party. Such a legal interest can be acknowledged if it is alleged that the product acquired by the intervener infringes the patent in suit. While Article 69(4) of the UPCA only provides for a claimant’s obligation to post security for costs, Rule 158 of the Rules of Procedure extends the group of potential addressees of such an order to “the parties,” which also includes an intervener if admitted (Local Division Vienna, 30 July 2024, Court of First Instance 33/2023).