LASER COMPONENTS v Seoul Viosys (CFI, 12 February 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 12 February 2024 (UPC_CFI_440/2023), the judge-rapporteur of the Paris Local Division, in the infringement action on EP 3 404 726 brought by Seoul Viosys Co., Ltd against Laser Components SAS concerning UV LED chips, declared admissible the application for forced intervention of its supplier, Photon Wave Co. Ltd. The order accepts that a defendant may join its supplier so that the decision binds it, with a view to a possible warranty claim that the UPC will not itself decide.

Question

May the defendant to an infringement action join its supplier as a forced intervener (Rule 316A RoP) over the patentee’s objection that this would lengthen the proceedings and serve no purpose?

Decision

The judge-rapporteur found that Laser Components has a direct interest in joining the supplier of the chips, which could be liable to indemnify it if it is held to infringe, and that the supplier should be bound by the decision even if it declines to intervene. The delay argument failed because the intervener’s time limits are strictly set by Rule 316A.2 RoP, the argument based on continued sales failed too, Seoul Viosys not having sought provisional measures. The Registry is to serve the application on Photon Wave. If it files no statement within one month, it will be bound by the decision between the original parties. The order is not open to appeal.

Key points for practice

• Practical point: a defendant contemplating a claim against its supplier can, early in the proceedings, make the UPC’s decision binding on that supplier through forced intervention under Rule 316A RoP.

Provisions applied

Rules of Procedure

Rules 316A and 317

United Nations Convention on Contracts for the International Sale of Goods

Art. 43

Related decisions

• Laser Components, 13 March 2024, later order on extending the time limit for the Defence in connection with the intervention.

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.