Hisense Europe v Corning (CFI, 3 April 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 3 April 2025 (UPC_CFI_819/2024), the judge-rapporteur of the Mannheim Local Division rejected the preliminary objections of the Hisense, TCL and LG group companies, sued together by Corning for infringement of EP 3 296 274 through the sale in Germany of televisions incorporating glass sheets obtained by a patented process. Leave to appeal was refused.

Question

May a patent proprietor sue together before a local division, under Article 33(1)(a) UPCA, distributors belonging to three competing groups with no commercial link between them?

Decision

Yes. The Court has international jurisdiction under Articles 7(2) and 71b(1) of the Brussels I recast Regulation, and the Mannheim division is competent under Article 33(1)(a) UPCA, reinforced by Rule 303.1 RoP: the facts alleged in the statement of claim suffice for each defendant, whether the products are in fact identical being a matter for the merits (paragraph 1). Corning was not required to sue the glass manufacturer, pursued separately (UPC_CFI_820/2024), in the same proceedings, and Article 33(1)(b) UPCA need not be considered (paragraphs 1 and 2).

The fair trial argument failed: the groups, which accept that each could be sued separately, may join forces in their defence and indeed instructed the same representatives (paragraph 3). The auxiliary request for joinder and a stay falls outside the exhaustive list in Rule 19 RoP and had already been rejected on 2 April 2025 (paragraph 4).

Key points for practice

• Practical point: Article 33(1)(a) UPCA allows several alleged infringers acting in the same territory to be sued together, even if competitors, a preliminary objection is not the vehicle for a stay or joinder.

Provisions applied

Agreement on a Unified Patent Court

Art. 33(1)(a) and (b)

Rules of Procedure

Rules 19, 220.2 and 303.1

Regulation (EU) No 1215/2012

Arts 7(2) and 71b(1)

Case law cited

Aylo Freesites v DISH, Court of Appeal, 3 September 2024 (UPC_CoA_188/2024)

Related decisions

• Corning v Hisense Gorenje Germany, 3 October 2025, partial withdrawal as regards the LG companies.

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.