Key takeaways
Multiple Defendants may be sued in one action provided that the infringement has occured in the CMS hosting the Local Division, irrespective of a “commercial relationship”
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- Claimant submitted in its Statement of claim sufficient facts, which establish competence of the Local Division Mannheim for each and every defendant under Art. 33(1)(a)UPCA, which is reinforced by R. 303.1 RoP. Whether or not those allegations are true or not and if in fact all glass sheets stem from the same process and are identical or not is subject to the main proceedings (cf. UPC_CoA_188/2024 Order of 3 September 2024 para.18). Claimant was not obliged to sue the defendants to these proceedings jointly together with the defendants of ACT_66849/2024; UPC_CFI_820/2024. There is no such obligation always to sue OEMs and suppliers in one proceeding.
- Therefore, it is not necessary to establish competence also under Art.33(1)(b)UPCA so that the arguments put forward by defendants do not have to be addressed.
- Also, defendants general reference to fair trial principles is not persuasive and does not change the situation: First, in the end defendants do not contest that claimant could – and in their eyes even should – bring separate actions against all members of each group of defendants jointly. Therefore, in principle defendants themselves correctly see that multiple allegedly infringing defendants can be sued jointly. Second, their argument, that suing the three groups of companies being competitors were counter to their fundamental procedural rights, is misplaced, as the groups can even join forces in order to defend themselves against Claimant’s allegations. Obviously, they even did so by mandating identical representatives in order to save costs of litigation, which apparently had no reason to believe that they engaged in representing clients with conflicting interests in breach of professional laws applicable to German lawyers (§ 3 Abs. 1 German Berufsordnung für Rechtsanwälte as of 1 June 2023).
Division
LD Mannheim
UPC number
UPC_CFI_819/2024
ORD_10672/2025
Type of proceedings
Preliminary Objection
Parties
CLAIMANT and respondent:
Corning Incorporated (United States)
DEFENDANTS and (partially) applicants:
- Hisense Gorenje Germany GmbH
- Hisense Europe Holding GmbH
- TCL Deutschland GmbH & Co. KG
- TCL Deutschland Verwaltungs GmbH
- TCL Operations Polska, Sp. z o.o.
- TCL Belgium
- LG Electronics Deutschland GmbH
- LG Electronics European Shared Service Center B.V.
- LG Electronics European Holding B.V.
Patent(s)
EP 3 296 274
Body of legislation / Rules
Rules 19, 303 RoP, Art. 33(1) (a), (b) UPCA
