NEC v TCL Deutschland (CFI, 12 August 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 12 August 2024 (UPC_CFI_153/2024, ACT_16417/2024, ORD_42985/2024), the panel of the Munich Local Division (U. Voß, presiding, D. Voß, A. Kupecz), on a Rule 333 RoP application by four TCL group companies, upheld the judge-rapporteur’s order of 13 July 2024 in NEC Corporation’s infringement action on EP 2 863 637. That order allowed an exhibit filed by mistake (the AVC standard instead of the HEVC standard) to be replaced and extended the time for the Statement of Defence only to 19 July 2024. Leave to appeal was refused.

Question

Is a request valid when filed by a registered representative not named in the case management system (CMS), and does the late replacement of an exhibit justify a longer extension of time for the defence?

Decision

The review application is admissible, as the panel reviews both lawfulness and expediency. The signatory was a registered representative acting within Rules 8.1 and 8.2 RoP and Art. 48(1) UPCA, her authority was not challenged under Rule 285.1 RoP, and the CMS does not determine who is a representative. On time limits, Rule 9.3 RoP is applied in line with proportionality, flexibility and fairness, and a late exhibit does not trigger an automatic extension. The Court of Appeal’s order of 13 October 2023 concerned exhibits deliberately withheld. Here the HEVC standard was public, the correct exhibit was available from 17 May 2024 and the defendants ought to have raised the error promptly.

Key points for practice

• Practical point: representative status does not depend on being listed in the CMS, and a clerical error concerning a public exhibit justifies only a limited extension of the time for the defence.

Provisions applied

Agreement on a Unified Patent Court

Arts. 41(3), 42, 48(1) and 52(1)

Rules of Procedure

Recital 7 and Rules 8.1, 8.2, 9.3, 285.1 and 333

Case law cited

Sanofi-Aventis Deutschland v Amgen, Court of Appeal, 13 October 2023, Seoul Viosys v expert e-Commerce, Düsseldorf Local Division, 20 January 2024, Düsseldorf Local Division, 19 January 2024, UPC_CFI_475/2023, Avago v Tesla Germany, Hamburg Local Division, 22 August 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.