Corning v Hisense Gorenje Germany (CFI, 2 April 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 2 April 2025 (UPC_CFI_819/2024), Judge Tochtermann, presiding judge and judge-rapporteur at the Mannheim Local Division, rejected the applications for a stay (Rule 295(m) RoP) filed by nine Hisense, TCL and LG group companies, defendants to Corning Incorporated’s infringement action on EP 3 296 274. They sought a stay until a final decision in Corning’s parallel action against the alleged glass manufacturer (UPC_CFI_820/2024) or, in the alternative, joinder and a stay until service in China and Hong Kong. The preliminary objections will be dealt with in a separate decision.

Question

Must an action against distributors be stayed where the patentee sues the alleged supplier in separate proceedings?

Decision

There is no obligation always to sue device makers and their suppliers in one proceeding. Separate actions are common, especially where service is difficult (paragraph 1). The fair trial argument was vague, since the defendants may know the properties of the products they sell, and joinder may still be considered once service on the suppliers has been effected (paragraph 2). An alleged lack of jurisdiction under Article 33(1)(b) UPCA does not call for a stay (paragraph 3). Whether the glass sheets are identical is a question of substance (paragraph 4). As duplicate filings cause needless work, the parties must, unless the Rules require otherwise, use a single CMS workflow, on pain of penalty payments (Rule 354.3 and 4 RoP) and with possible costs consequences (paragraph 5).

Key points for practice

• Practical point: a distributor cannot obtain a stay merely because the patentee is suing the maker of the accused component in separate proceedings.

Provisions applied

Agreement on a Unified Patent Court

Arts 33(1)(b) and 69

Rules of Procedure

Rules 295(m), 354.3, 354.4 and 370.9(e)

Case law cited

No UPC decision is cited.

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.