Dolby International AB v. CPYou B.V. / Acer et al.

UPC_7F8A2B907C

This is a preliminary order from the Local Division The Hague concerning a case management hearing held on 23 February 2026 in an infringement action brought by Dolby International AB against CPYou B.V. and multiple Acer entities regarding European Patent EP3079153, which relates to the OPUS standard. The hearing addressed issues including the patent pool administered by Vectis, potential counterclaims for rate setting against Vectis, and the applicability of FRAND/Huawei v ZTE framework given that the patent at issue is part of the pool but not subject to a FRAND declaration. The presiding judge urged parties to continue negotiations and noted that a parallel OPUS case in the Dusseldorf Local Division expected a decision in mid-March 2026 that could serve as a benchmark.

Jurisdiction
European UPC
Court / Office
The Hague (NL) Local Division
Case Number
UPC_7F8A2B907C
Decision Date
2 April 2026

Detailed Summary

Dolby International AB, an Irish company, filed an infringement action against CPYou B.V. and several Acer entities, including Acer Italy s.r.l., Acer Computer GmbH, Acer Computer B.V (Benelux), Acer Denmark A/S, Acer Finland Oy, Acer Computer France, and Acer Sweden AB. The patent at issue is European Patent No. EP3079153, owned by Dolby International AB. The proceedings were conducted in English before the Local Division The Hague, with presiding judge and judge rapporteur Edger Brinkman.

The case management hearing, held online behind closed doors on 23 February 2026 due to the discussion of confidential information, addressed several key issues. A central topic was the patent pool administered by Vectis, which consists of 300 granted patents across 17 families, with 8 families belonging to Dolby, 8 to Fraunhofer, and 1 to NTT. Dolby noted that most of its UPC cases to date concerned video codecs, and that a parallel case in the Dusseldorf Local Division involving the OPUS standard against a different defendant was pending, with a decision expected in mid-March 2026 that could provide insight on the FRAND issue. Another case against Acer was pending in the Hamburg division, brought by a different company from the OPUS pool but ranked behind the present case.

A significant point of dispute concerned whether the patent at issue and the one in Hamburg were subject to a FRAND declaration. Dolby indicated that while these patents are part of the pool, they are not subject to a FRAND declaration, which impacts the applicability of the FRAND/Huawei v ZTE framework. Additionally, Acer was considering filing a counterclaim for rate setting, also against Vectis. Acer had requested on 3 February 2026 to add Vectis as a party to enable such a counterclaim, arguing that as a pool licensor, Vectis should not be able to avoid a counterclaim. Vectis opposed this addition, contending that Rule 305 does not apply, though it did not oppose being an intervener.

& Analysis

The presiding judge urged the parties to keep negotiations going and suggested that any sticky points could be submitted for a preliminary opinion. The court acknowledged the relevance of the pending Dusseldorf decision as a potential benchmark for the FRAND issues in the present case. The court noted that the question of adding Vectis as a party for purposes of a counterclaim would be further addressed in the parties' submissions scheduled for 9 March 2026.

Final Order & Ruling

The order was a preliminary order summarizing the case management hearing of 23 February 2026. The court invited parties to provide any important comments on the summary within two days. The substantive issues, including the addition of Vectis as a party and the FRAND applicability, were reserved for further submissions and consideration.

Practitioner Note

This case demonstrates the evidentiary and procedural standards applied in patent matters before The Hague (NL) Local Division. Understanding the court's reasoning in Dolby International AB vs CPYou B.V. / Acer et al. is valuable context for structuring arguments or assessing risk in similar proceedings.

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