Local Division Munich
UPC_CFI_498/2023
Procedural Order
of the Court of First Instance of the Unified Patent Court
in the main proceedings related to European Patent 3 057 321
delivered on 09/05/2024
Date of receipt of Statement of claim : 22/12/2023

TCL
Deutschland
GmbH & Co. KG (Defendant) - Am Seestern 4 - 40547 - Düsseldorf - DE
Statement
of claim
served on
23/02/2024
TCL Industrial
Holdings Co.,
Ltd.
(Defendant) -
22/F, TCL
Technology
Building, 17
Huifeng 3rd
Road, Huizhou,
- 516000 -
Guangdong, -
CN
Statement
of claim
served on
24/03/2024
TCT Mobile Germany GmbH (Defendant) - Am Seestern 4 - 40547 - Düsseldorf - DE
Statement
of claim
served on
23/03/2024
TCT Mobile
Europe SAS
(Defendant) -
55 Avenue des
Champs
Pierreux -
Statement
of claim
served on
23/03/2024
92000 -
Nanterre - FR
TCL
Communication
Technology
Holdings Ltd.
(Defendant) -
5/F, Building
22E, Science
Park East
Avenue, Hong
Kong Science
Park, - 00000 -
Sha-tin, Hong
Kong - CN
TCL Operations
Polska Sp. z.o.o
(Defendant) -
ul. A.
Mickiewicza
31/41 - 96-300
- Zyrardow - PL
TCL Overseas
Marketing Ltd.,
(Defendant) -
13/F TCL Tower
Tai Chung Road
Tsuen Wan,
New Territories
- 00000 - Hong
Kong - CN
APPLICANT/S
1) TCT Mobile Europe SAS
(Applicant) - 55 Avenue des Champs Pierreux -
92000 - Nanterre - FR
Represented by Ralph Nack
2) TCT Mobile Germany GmbH
(Applicant) - Am Seestern 4 - 40547 -
Düsseldorf - DE
Represented by Ralph
Nack
3) TCL Deutschland GmbH & Co. KG
(Applicant) - Am Seestern 4 - 40547 -
Düsseldorf - DE
Represented by Ralph
Nack
4) TCL Operations Polska Sp. z.o.o
(Applicant) - ul. A. Mickiewicza 31/41 - 96-300
- Zyrardow - PL
Represented by Ralph
Nack

RELEVANT PROCEEDING PARTIES
1) NEC
Corporation
(Main
proceeding
party -
Claimant) - 7-1
Shiba 5-chome
Minato-ku -
108-8001 -
Tokyo - JP
2) TCL Industrial
Holdings Co.,
Ltd.
(Main
proceeding
party -
Defendant) -
22/F, TCL
Technology
Building, 17
Huifeng 3rd
Road, Huizhou,
- 516000 -
Guangdong, -
4
CN
3) TCL
Communication
Technology
Holdings Ltd.
(Main
proceeding
party -
Defendant) -
5/F, Building
22E, Science
Park East
Avenue, Hong
Kong Science
Park, - 00000 -
Sha-tin, Hong
Kong - CN
4) TCL Overseas
Marketing Ltd.,
(Main
proceeding
party -
Defendant) -
13/F TCL Tower
Tai Chung Road
Tsuen Wan,
New Territories
- 00000 - Hong
Kong - CN

PATENT AT ISSUE
Patent no. Proprietor/s
EP3057321 NEC Corporation

DECIDING JUDGE
COMPOSITION OF PANEL – FULL PANEL
Presiding judge and
Judge-rapporteur Matthias Zigann
Legally qualified judge Tobias Pichlmaier
Legally qualified judge Andras Kupecz
The order was made by Presiding Judge Matthias Zigann, acting as Judge-Rapporteur.

LANGUAGE OF PROCEEDINGS: English

SUBJECT-MATTER OF THE PROCEEDINGS
Patent infringement;
here: missing or wrong appendixes in the statement of claim

STATEMENT OF THE FORMS OF ORDER SOUGHT BY THE PARTIES
Defendants 1, 3, 6 and 6 request:
The Plaintiff is ordered to submit to the Defendants the HEVC standard version which it refers to
on page 51 of its Statement of Claim dated 22 December 2023.

SUMMARY OF FACTS
The statement of claim was lodged on 22/12/2023. Service was effected on defendant 1 on
23/02/2024, on defendant 3 on 24/03/2024 and on defendants 4 and 6 on 23/03/2024. Service
on defendants 2, 5 and 7 is still to be effected.
By letter of 08/05/2024, the representative of defendants 1, 3, 4 and 6 informed the Court that
the plaintiff had failed to provide substantial evidence of the alleged infringement in his
statement of claim of 22/12/2023. The plaintiff did not provide any version of the HEVC
standard. The allegedly relevant standard version submitted as Annex BP 6 does not show the
HEVC standard, but its predecessor, the AVC standard.
Representative of plaintiff proactively informed the Court by email on 08/05/2024 that the
irrelevant AVC standard had in fact been inadvertently submitted in all three proceedings instead
of the HEVC standard. The correct standard will be uploaded to the CMS as soon as the Court
grants the opportunity to amend the pleadings. Therefore, a final order could be issued without
first inviting comments from the applicant.

GROUNDS FOR THE ORDER
The plaintiff should be ordered to provide the correct standard version. This can be done by filing
an amended version of the statement of claim. In doing so, the plaintiff may also amend any
other information that will facilitate service on defendants 2, 5 and 7.
The parties are reminded that the time limit for lodging the statement of defence may be
extended accordingly for defendants 1, 3, 4 and 6 upon request. This can be conveniently dealt
with in workstream App_24843/2024 in connection with a request by the plaintiff to shorten the
time limit for defendants 3, 4 and 6 to 23/05/2024.

ORDER
Plaintiff is ordered to amend the statement of claim accordingly within 10 days.

Dr. Zigann
Presiding Judge and Judge-rapporteur

ORDER DETAILS
Order no. ORD_26426/2024 in ACTION NUMBER: ACT_596658/2023
UPC number: UPC_CFI_498/2023
Action type: Infringement Action
Related proceeding no. Application No.: 26104/2024
Application Type: Generic procedural Application