UPC_CFI_819/2024; UPC_CFI_416/2025 – Corning v Hisense
- Court
- Local Division Mannheim
- Date
- Outcome
- Settled
- Sector
- Electronics/SEP
- Decision Type
- SETTLEMENT
Expert Commentary
Settlement Facts 1. Corning and defendants 1 and 2 (Hisense) settled. 2. Corning files a R. 265 RoP request and defendants 1 and 2 file R. 265 RoP with respect to the counterclaim. 3. No cost decision is demanded. The Court 1. Patial withdrawal is possible. 2. Cases against defendants 1 and 2 are declared closed. 3. Each party bears its own costs. 4. 40% of the court fees for the counterclaim are to be paid back to the defendants. Comment A partial withdrawal of claims is (of course) possible. The case continues against the other 4 defendants (TCL entities).
Full Decision Text
1 Mannheim Local Division UPC CFI 819/2024 (CCfR: UPC CFI 416/2025) Decision of the Court of First Instance of the Unified Patent Court issued on 18 February 2026 concerning EP 3 296 274 (R. 265 RoP/Defendants 1 and 2) CLAIMANT/APPLICANT: Corning Incorporated, One Riverfront Plaza - 14831 - Corning - US represented by: Marcus Grosch DEFENDANTS: 1) Hisense Gorenje Germany GmbH, (Applicant) Parkring 31-33, 85748 Garching near Munich, Germany 2) Hisense Europe Holding GmbH, (Applicant) Wienerbergstraße 11, Turm B, Stock 13, 1100 Vienna, Austria 3) TCL Deutschland GmbH & Co. KG Bernhard-Wicki-Straße 5 - 80636 - München - DE 4) TCL Deutschland Verwaltungs GmbH Bernhard-Wicki-Straße 5 - 80636 - München - DE 5) TCL Operations Polska, Sp. z o.o. ul. A. Mickiewicza 31/41 - 96-300 - Zyrardów - PL 2 6) TCL Belgium, SA, Rue du Paruck 35/19, 1080 Molenbeek-Saint- Jean, Belgium Defendants 1) and 2) represented by: Eva Acker Defendants 3) to 6) represented by: Felix Rödiger PATENT AT ISSUE: EP 3 296 274 PANEL/DIVISION: Panel of the Local Division in Mannheim DECIDING JUDGES: This decision is issued by the legally qualified judge Sender acting as judge-rapporteur. LANGUAGE OF THE PROCEEDINGS: English SUBJECT OF THE PROCEEDINGS: Infringement action and Counterclaim for revocation (partial) with- drawal of action, R. 265 RoP. BRIEF SUMMARY OF THE FACTS: Claimant filed an infringement action concerning EP 3 296 274 against Defendants (UPC CFI 819/2024) on 18 December 2024. Defendants 1) to 2) filed a Counterclaim for revocation in relation to the infringement proceedings on 15 May 2025 (UPC CFI 416/2025). Defendants 1) to 2) paid a court fee (20.000 for their Counterclaim for revocation (UPC CFI 416/2025) on 30 May 2025 (cf. Exhibit FBD 24) upon request of the Clerks of the Local Division Mannheim (cf. Request for Correction dated 22 May 2025; Payment confirmed on 5 June 2025). During the interim procedure, Claimant requests, to permit the partial withdrawal of the infringement action against the Defendants 1 and 2 and to give a decision declaring the proceedings against the Defendants 1 and 2 closed. Defendants 1) and 2) consent to the request. Defendants 1) and 2) request, during the interim procedure, regarding the Counterclaim for revocation (UPC CFI 416/2025), to permit the withdrawal of the Counterclaim for Revocation UPC CFI 416/2025 under Rule 265 RoP UPC. Claimant consent to the request. 3 Neither Claimant nor Defendants 1) to 2) request a cost decision in relation to the respective counterparty of the requested (partial) withdrawal. Further, Defendants 1) and 2) request reimbursement of court fees pursuant to R. 370.11 RoP in conjunction with R. 370.9 (b) (ii) RoP regarding their Counterclaim for revocation (UPC CFI 416/2025). REASONS FOR THE DECISION The decision is based on R. 265 RoP in accordance with the mutual agreement of the parties. I. R. 265.1 RoP also applies if the action is not withdrawn in its entirety, but only in relation to some of several defendants (cf., LD Munich, decision dated 13 August 2024, UPC CFI 513/2023). II. The decision about costs with respect to the infringement action relies on R. 265.2 (c) RoP. 1. Contrary to R. 265.2 (c) RoP, a decision on costs is in principle not required, if the action is withdrawn in its entirety and all parties declare that a cost decision is not requested (cf., CoA, order dated 24 January 2025, UPC CoA 840/2024, para. 11; order dated 31 March 2025, UPC CoA 520/2024, para. 10). 2. However, this does not apply if an action is withdrawn by or against some, but not all, of the parties originally involved in the dispute. In such cases, it is essential to ensure that the remaining parties are not burdened with costs relating to the withdrawn part of the dispute. This has to be taken into account in the final decision on costs, which has to consider that Claimant is not requesting compensation for costs relating to the withdrawn part of the infringement action, which is clarified hereby. III. A cost decision with respect to the withdrawn Counterclaim for revocation (UPC CFI 416/2025) is not required (see above: II. 1.) IV. The decision for proportional reimbursement of court costs is based on Defendants 1) and 2) application pursuant to R. 370.11 RoP in conjunction with R. 370.9 (b) (ii) RoP in its version in force until 1 January 2026. Accordingly, the sum in dispute being 5 the Counterclaim for revocation therefore being 20 9 - based fee up to the fee limit of 20.000 ), 40% of which being 8 Defendants 1) and 2). DECISION: 1. The partial withdrawal of the infringement action (UPC CFI 819/2024) against Defendants 1) to 2) is permitted and the infringement action will continue against Defendants 3) to 6). 2. The infringement proceedings against Defendants 1) to 2) are declared closed. 3. Claimant bears the respective court fees incurred and its own costs with regard to the withdrawn infringement action against Defendants 1) and 2). Defendants 1) and 2) bear their own costs. 4 4. The withdrawal of the Counterclaim for revocation (UPC CFI 416/2025) filed by Defendants 1) and 2) against Claimant is permitted. 5. The Counterclaim for revocation proceedings (UPC CFI 416/2025) filed by Defendants 1) and 2) against Claimant are declared closed. 6. 40 % of the court fees of the Counterclaim for revocation proceedings (UPC CFI 416/2025), i.e. 8.000 shall be reimbursed to Defendants 1) and 2). 7. This decision shall be entered in the register. Issued in Mannheim on 18 February 2026 NAME AND SIGNATURE Sender Judge-rapporteur
Key Holdings
- Partial withdrawal of claims is possible upon settlement between some parties.
- Cases against settling defendants are declared closed.
- Parties can agree to bear their own costs.
- A percentage of court fees for a counterclaim can be returned to the defendants upon settlement.
Tags
- Settlement
- Withdrawal
- Court Fees
- Costs
- Procedure