NEC v TCL Deutschland (CFI, 27 May 2024)

Date	27 May 2024
Court	CFI
Division	Munich (DE) Local Division
Type of action	Generic application
Registry reference	App_24843/2024 · ORD_26434/2024
Parties	NEC Corporation

Official decision (PDF) · UPC registry entry

Dhenne Avocats represents claimants and defendants in European patent disputes before the Unified Patent Court, including the Paris divisions.

Contact the firm

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 27 May 2024 (UPC_CFI_498/2023, ACT_596658/2023, App_24843/2024), the judge-rapporteur of the Munich Local Division, in NEC Corporation’s infringement action against several TCL group companies, extended to 8 July 2024 the time limit for Defendants 1), 3), 4) and 6) to file their Statement of Defence and rejected NEC’s request to shorten that period for Defendants 3), 4) and 6). The order holds that a wrong exhibit filed with the Statement of Claim justifies an extension just as a missing one does.

Question

Does filing the wrong version of the standard relied on (the AVC standard instead of the 2014 HEVC version cited) with the Statement of Claim justify extending the time limit for the defence, where the claimant was instead asking for a shorter period for the defendants served later?

Decision

The judge-rapporteur relies on Court of Appeal case law holding that a request for an extension is sufficiently reasoned where the claimant failed to upload the annexes with the Statement of Claim as Rule 13.2 RoP requires, so that they were not available to the defendant’s representative in the CMS. The order extends that reasoning to wrong annexes, the relevant standard having been filed only on 15 May 2024 (Exhibit BP 6_corrected). The time limit is therefore set at 8 July 2024 for all four defendants and NEC’s requests are rejected.

Key points for practice

Practical point: filing the wrong exhibit with the Statement of Claim, such as a standard in a version other than the one cited, entitles the defendant to an extension of time for its defence, a claimant is better served by checking its exhibits before filing than by seeking to shorten time limits afterwards.

Provisions applied

Rules of Procedure: Rule 13.2
Case law cited: Sanofi-Aventis Deutschland v Amgen, Court of Appeal, 13 October 2023 (UPC_CoA_320/2023, APL_572929/2023)

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.

Going further

Lexicon: Written procedure (UPC), Court fees and costs (UPC).

Source and translations

Official source: Unified Patent Court registry link recorded in the record
Original language: not recorded
Translation available: no translation recorded the firm’s French record is a summary, not a translation
Date checked: not recorded

Only the official text is authoritative. A machine translation is never presented as official, republishing a third-party document requires a verified basis in rights, and a link to the source is preferred.

Follow this case

Proceedings, related decisions, appeals, parties and patents as recorded in the registry and in the Dhenne Avocats corpus. Each link states its source.

Proceedings

No case number recorded in this record.

Parties

claimantNEC Corporation18 decisions in the corpus Follow this party

Exact name as it appears in the record, group affiliation only where sourced and dated.

Decisions in the same proceedings and documented appeals

No other decision in the corpus bears the same case number, and no appeal is documented in the corpus to date.

What the record states

Nature of the act: Generic application
Outcome (Dhenne Avocats summary): Le délai de dépôt du mémoire en défense des défenderesses TCL est prorogé au 8 juillet 2024 et la demande de NEC tendant à l'abréger est rejetée, une mauvaise version de la norme ayant été jointe au mémoire en demande.
Appeal: No appeal documented in the corpus, this does not mean that no appeal was lodged.
Instance: First-instance decision, whether it has become final is not recorded.

Related decisions cited in the analyses

Sanofi-Aventis Deutschland v Amgen (CoA, 13 October 2023) cited in this record
NEC v TCL Deutschland (CFI, 9 May 2024) cites this decision

Scope: Dhenne Avocats corpus. Registry-based links are marked “official number”; links derived from the analyses are marked as such. An erroneous link can be withdrawn without deleting any record.

Receive an alert

Weekly summary of new records and substantive updates matching what you follow. Address confirmed by email, unsubscribe at any time, one email per week even where several of your follows match.