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Seoul Viosys v expert klein (CFI, 22 April 2024)

Date22 April 2024
CourtCFI
DivisionDüsseldorf (DE) Local Division
Type of actionGeneric Order
Registry referenceORD_5343/2024
PartiesSeoul Viosys Co., Ltd. v. expert klein GmbH, expert e-Commerce GmbH

Official decision (PDF) · UPC registry entry

Dhenne Avocats represents claimants and defendants in European patent disputes before the Unified Patent Court, including the Paris divisions.

Contact the firm

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 22 April 2024 (UPC_CFI_363/2023, ACT_579244/2023, CC_3580/2024, App_598403/2023, ORD_5343/2024), presiding judge Thomas, acting as judge-rapporteur of the Düsseldorf Local Division, declared admissible the application of Seoul Semiconductor Co., Ltd., parent company and non-exclusive licensee of Seoul Viosys Co., Ltd., to intervene in support of the latter, in the infringement action on EP 3 926 698 B1 against expert e-Commerce GmbH and expert klein GmbH and in the counterclaim for revocation brought by expert klein. The order recognises that a non-exclusive licensee has a legal interest in defending the validity of the patent.

Question

Does a non-exclusive licensee have a legal interest within Rule 313.1 RoP in intervening in support of the patentee, and may its intervention cover the proceedings as a whole?

Decision

The application, lodged before the close of the written procedure and extended to the counterclaim, is admissible (Rule 314.2 RoP). A legal interest requires a direct and present interest in the order sought by the supported party, which rules out a merely derivative interest. Since revocation operates retroactively (Art. 65(2) and (4) UPCA), the non-exclusive licensee would lose its advantage over non-licensees and may therefore intervene to defeat the counterclaim. As the panel decided to hear the action and the counterclaim together (Art. 33(3)(a) UPCA), it must adopt a single interpretation of the patent, so the intervention extends to the whole proceedings. Whether a non-exclusive licence alone would allow intervention in an infringement action was left open. The statement in intervention is due by 6 May 2024, and the order arranges service since the intervener shares the claimant’s representatives.

Key points for practice

Provisions applied

Agreement on a Unified Patent Court
Art. 33(3)(a) and Art. 65(2) and (4)
Rules of Procedure
Rules 313.1, 314.2 and 315.1(b)
Case law cited
Court of Appeal, 10 January 2024 (App_584498/2023), Ortovox Sportartikel v Mammut Sports Group, Düsseldorf Local Division, 15 April 2024 (UPC_CFI_16/2024)

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.


Going further

Lexicon: Written procedure (UPC), Court fees and costs (UPC).

Source and translations

Official source
Unified Patent Court registry link recorded in the record
Original language
not recorded
Translation available
no translation recorded the firm’s French record is a summary, not a translation
Date checked
not recorded
Only the official text is authoritative. A machine translation is never presented as official, republishing a third-party document requires a verified basis in rights, and a link to the source is preferred.

Follow this case

Proceedings, related decisions, appeals, parties and patents as recorded in the registry and in the Dhenne Avocats corpus. Each link states its source.

Proceedings

No case number recorded in this record.

Parties

Exact name as it appears in the record, group affiliation only where sourced and dated.

Decisions in the same proceedings and documented appeals

No other decision in the corpus bears the same case number, and no appeal is documented in the corpus to date.

What the record states

Nature of the act
Generic Order
Outcome (Dhenne Avocats summary)
L'intervention de Seoul Semiconductor, licenciée simple, au soutien de Seoul Viosys est recevable et s'étend à toute la procédure, la contrefaçon et la validité étant instruites ensemble.
Appeal
No appeal documented in the corpus, this does not mean that no appeal was lodged.
Instance
First-instance decision, whether it has become final is not recorded.

Patents mentioned

Related decisions cited in the analyses

Scope: Dhenne Avocats corpus. Registry-based links are marked “official number”; links derived from the analyses are marked as such. An erroneous link can be withdrawn without deleting any record.

Patents and standards

PublicationRole in the disputeFamilyStandard and declarationPoolSources
EP 3 926 698
Light emitting diode
recorded proprietor: Seoul Viosys Co Ltd
Mentioned in the analysis (role not qualified)
Also mentioned in 11 other decision(s): Emporia UK v Seoul Viosys (CFI, 30 March 2026) · expert klein v Seoul Viosys (CoA, 2 October 2025) · Seoul Viosys v expert e-Commerce (CFI, 10 April 2026) · Seoul Viosys v Emporia UK (CFI, 1 September 2025) · Seoul Viosys v expert klein (CoA, 21 August 2025) · Seoul Viosys v expert klein (CFI, 14 April 2025) · Seoul Viosys v expert klein (CFI, 10 October 2024) · Seoul Viosys v expert e-Commerce (CFI, 5 August 2024)
not recordednot recordednot recordedEspacenet · European Patent Register
existence and title of the publication checked on 30 October 2026 (Google Patents, Espacenet and Register links are not checked automatically)
mentioned in: Dhenne Avocats analysis
The statuses “asserted in litigation”, “declared essential”, “listed by a pool” and “essentiality examined by a court” are distinct and may coexist. Validity, infringement and technical essentiality are different questions. Scope: patents cited in the decisions of the Dhenne Avocats corpus, with no essentiality score or prediction.

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