Corning v Hisense & Ors (UPC_CFI_819/2024)
Decision date:
02 April 2025
Osborne Clarke summary
- Corning commenced infringement proceedings relating to LCD-TVs against three different groups of companies (TCL, Hisense and LG) in this set of proceedings before the Mannheim LD. Corning also initiated separate proceedings against the alleged manufacturer of the glass also before the Mannheim LD.
- The defendants in this action applied for a stay under Rule 295(m) RoP until there is a final and binding decision in the proceedings relating to the alleged manufacturer. As an auxiliary request, the defendants requested that both sets of proceedings be combined and stayed until overseas service was effected on the alleged manufacturer.
- The Mannheim LD held that Corning was not obliged to sue the defendants in these proceedings jointly with the defendants in the other proceedings. There is no obligation in the UPC to sue original equipment manufacturers (OEMs) and suppliers in a single set of proceedings. The court noted that it was common practice to start the proceedings separately particularly where service of a statement of claim may be more problematic with respect to one of the defendants. Even if filed jointly, it was usually the practice of the LD to separate the proceedings to allow at least part of an action to move forward while overseas service is being effected.
Issue
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