InterDigital v The Walt Disney Company (UPC_CFI_445/2025)

• On 27 May 2025, InterDigital obtained an anti-anti-suit injunction (AASI) against Walt Disney in relation to ongoing UPC infringement proceedings. The ASSI aims to shield the ongoing UPC infringement proceedings from interference through foreign anti-suit injunctions (ASIs).
• Despite appearing in the main infringement proceedings, Disney's legal team declined to acknowledge service of the AASI. Notwithstanding this, Disney's legal team had informally notified InterDigital's legal team that its client reserved the right to appeal the AASI order to avoid costs.
• The Mannheim LD ordered personal service of the ASSI order via bailiff on Disney's legal counsel. The court noted that Disney could not limit their power of attorney to conduct the legal dispute before the UPC to individual acts that they choose and that they "contradict their own conduct when, on the one hand, they instruct their representative not to provide an acknowledgment of receipt, thus, in their view, thwarting the legal effect of the issued AASI, and, on the other hand, they nevertheless make statements regarding these proceedings that are specifically aimed at the performance, reservation, or waiver of procedural acts in the proceedings…".
• Furthermore, the legal representative for Disney was directly criticised for displaying conduct contrary to Rule 290.2 RoP and the Code of Conduct for Representatives (fair conduct of proceedings). The court warned that under Rule 291.1 RoP such a violation can lead to exclusion from the proceedings (including the main proceedings). The Mannheim LD confirmed that there had been effective service and Disney's legal representative was told to give acknowledgment within two weeks. The court noted that failure to do this or any further "disobedience" could lead to a €100,000 penalty payment being imposed.

This analysis is based on a machine translation of a decision not available in English.