UPC_CFI_337/2025 – TCL Europe SAS v Corning
- Court
- Central Division Munich
- Date
- Sector
- Electronics/SEP
- Decision Type
- PROCEDURAL
Expert Commentary
Interim conference Facts 1. The claimant filed a revocation action on 22 April 2025. 2. The interim conference was held on 28 November 2025. Order of the JR following the interim conference (in addition to other housekeeping matters): a. The value of the case was set at €6,250,000 . b. The parties were allowed to both submit a further brief in order to supplement their case with respect to inventive step and sufficiency in the light of the recent decisions of the Court of Appeal in Meril v Edwards and Amgen v Sanofi. 3. The oral hearing will take place on 3 February 2026. Comment 1. Without causing any delay, the JR intelligently gave parties the possibility to take in consideration the recent decisions of the Court of Appeal so that the oral hearing can be much more efficient. 2. The UPC is supposed to hand down quick decisions. The CD Munich gives a perfect example. An oral hearing set 9,5 months after the start of the proceedings!
Full Decision Text
Unified Patent Court Central Division (Section Munich) Action n°: UPC 337/2025 Einheitliches Patentgericht Juridiction unifiée du brevet Order of the Court of First Instance of the Unified Patent Court Central Division (Section Munich) issued on 1 December 2025 CLAIMANT: TCL EUROPE SAS, 9-15 rue Rouget de Lisle - 92130 - Issy les Moulineaux - France represented by: Andreas Obermeier of Bird & Bird LLP. DEFENDANT: Corning Incorporated, One Riverfront Plaza, Corning - 14831 - New York – United States of America represented by: Marcus Grosch of Quinn Emanuel Urquhart & Sullivan LLP. PATENT AT ISSUE European Patent number 3 296 274 PANEL/DIVISION Panel 1 of the Central Division (Section Munich). DECIDING JUDGE This Order is an order of the Judge-rapporteur András Kupecz. LANGUAGE OF THE PROCEEDINGS: English. SUBJECT-MATTER OF THE PROCEEDINGS Revocation action. Rule 105.5 RoP. BACKGROUND AND FACTS 1. On 22 April 2025, the Claimant brought a revocation action in the Central Division (Section Munich) against the Defendant in relation to EP 3 296 274. 2. An interim conference was held on 28 November 2025 before the judge-rapporteur. The parties were represented by their representatives as mentioned above. The Claimant was further represented by Dr. Anne Halbach, Felix Rödiger and Jonas Smeets, all of Bird & Bird. The Defendant was further represented Andreas Duensing, Sebastian Scholz and Katharina Peters, all of Quinn Emanuel Urquhart & Sullivan. DECISIONS TAKEN AT THE INTERIM CONFERENCE 1. This order sets out the decisions taken at the interim conference as required by Rule 105.5 of the Rules of Procedure (“RoP”) of the Unified Patent Court (“UPC”): The value of the case is set at EUR 6.250.000 (six million and two hundred and fifty thousand euro). The Defendant may at the latest on Friday 19 December 2025 submit a response to the expert opinion D40 and related submissions made by the Claimant. The submission should be strictly limited to a response to D40 and related factual submissions. The Defendant is to submit a table showing the amendments made in the various auxiliary requests at the latest on Friday 5 December 2025. The parties may submit a further brief to present their case regarding inventive step and sufficiency in light of the Court of Appeal's recent decisions dated 25 November 2025, in cases UPCCoA464/2024 and related cases (Meril/Edwards), as well as cases UPCCoA528 and 529/2024 (Amgen/Sanofi and Regeneron). The submissions should address the legal implications of the aforementioned Court of Appeal decisions only and may not introduce new facts or technical arguments. The submissions must be lodged by Friday 19 December 2025 at the latest and must not exceed 10 A4 pages in regular font size and spacing. The date of the oral hearing, Tuesday 3 February 2026, 9.30 AM at the premises of the Central Division in Munich is confirmed. Parties may make use of visual aids such as a power point presentation, provided that these are sent to the Court and the other party at the latest by noon CET on Friday 30 January 2026 (contact_munich.ctl@unifiedpatentcourt.org). Any other decision will be taken by the panel after hearing the parties at the oral hearing. András Digital unterschrieben Ferenc von András Ferenc Kupecz Kupecz Datum: 2025.12.01 09:42:38 +01'00' Issued on 1 December 2025 KUPECZ Judge-rapporteur
Key Holdings
- An interim conference was held in a revocation action filed on 22 April 2025.
- The value of the case was set at €6,250,000.
- Parties were permitted to submit further briefs to supplement their arguments on inventive step and sufficiency, considering recent Court of Appeal decisions (Meril v Edwards and Amgen v Sanofi).
- The oral hearing was scheduled for 3 February 2026, demonstrating efficient case management.
Tags
- Case Management
- Interim Measures
- Inventive Step
- Revocation
- Sufficiency of Disclosure