UPC CFI 819/2024

At the UPC: Corning Incorporated (19 cases)·Hisense Group (18 cases)

• 2026-04-16
  Counterclaim for revocationPublic

  Summary: The infringement action against Defendants 1-3 (TCL Deutschland GmbH & Co. KG, TCL Deutschland Verwaltungs GmbH, and TCL Operations Polska) was predominantly successful: they were found to directly infringe claim 1 of EP 3 296 274 and are subject to injunction, recall, removal, destruction, and information obligations. The infringement action against Defendant 4 (TCL Belgium, SA) was dismissed for lack of demonstrated operational control over the infringing subsidiary. The counterclaim for revocation was dismissed in its entirety, with the patent maintained as granted.

  Show the legal issues (12)

  • Direct infringement of claim 1 (method for producing alkali-free glass sheets by downdraw process) and claim 3 (dependent SnO2 concentration)
  • Counterclaim for revocation: added matter (Art. 138(1)(c) EPC / Art. 123(2) EPC)
  • Counterclaim for revocation: sufficiency of disclosure (Art. 138(1)(b) EPC)
  • Counterclaim for revocation: novelty over WO 2006/115997 A2 and WO 02/098810 A1 (Art. 138(1)(a) EPC / Art. 54 EPC)
  • Counterclaim for revocation: inventive step starting from US 2002/0082158 A1, JP 2004-189535A, JP 2001-348247A (Art. 138(1)(a) EPC / Art. 56 EPC)
  • Liability of parent holding company (Defendant 4) for infringing acts of subsidiary (Defendant 3)
  • Patent exhaustion in relation to glass sheets supplied by Corning or its licensees
  • Proportionality of permanent injunction (Art. 63(1) UPCA, Art. 42 UPCA)
  • Scope of infringement action: restriction to specific TV models or suppliers
  • Admissibility of interim award on costs (Art. 69(1) UPCA, R. 150(2) RoP)
  • Publication of decision (Art. 80 UPCA)
  • Enforcement security (Art. 82(2) UPCA)
• 2026-02-18
  Withdrawal (RoP265)Public

  Summary: The Mannheim Local Division permitted Corning's partial withdrawal of its infringement action (EP 3 296 274) against defendants Hisense Gorenje Germany GmbH and Hisense Europe Holding GmbH (defendants 1 and 2) under R. 265 RoP. The infringement action continues against TCL and LG (defendants 3–6). Simultaneously, the counterclaim for revocation filed by defendants 1 and 2 was also withdrawn and declared closed. Corning bears the costs of the withdrawn infringement proceedings against defendants 1–2; defendants 1–2 receive a 40% reimbursement (EUR 8,000) of their counterclaim court fees.

  Show the legal issues (3)

  • Partial withdrawal of infringement action (R. 265 RoP)
  • Withdrawal of counterclaim for revocation
  • Partial reimbursement of court fees (R. 370.11 / R. 370.9(b)(ii) RoP)
• 2025-10-03
  Withdrawal (RoP265)Public

  Summary: Decision permitting Corning Incorporated's partial withdrawal of its infringement action (EP 3 296 274) against Defendants 7 to 9 (LG Electronics entities). Defendants 7-9 did not contest the withdrawal. The proceedings against LG Electronics entities were declared closed. The counterclaim for revocation filed by Defendants 3-9 (TCL and LG entities) concerning the same case was addressed separately.

  Show the legal issues (3)

  • Partial withdrawal of action (Rule 265 RoP)
  • Withdrawal against selected defendants
  • Counterclaim for revocation by other defendants