NEC Corporation v. Respondent

This procedural order was issued by the Local Division Munich in case UPC_CFI_498/2023. The Claimant is NEC Corporation, and the Defendants include TCL Deutschland GmbH & Co. KG (Defendant 1), TCT Mobile Germany GmbH (Defendant 3), TCT Mobile Europe SAS (Defendant 4), and TCL Operations Polska Sp. z.o.o. (Defendant 6). The Statement of Claim was served on Defendant 1) on February 23, 2024, and on Defendants 3), 4), and 6) on March 23, 2024. Service on the remaining Defendants was pending at the time of the order.

The Claimant requested that the deadline for Defendants 3), 4), and 6) to file their Statement of Defense be shortened to May 23, 2024. The Claimant argued that these Defendants were all represented by the same representative as Defendant 1), who had been aware of the Statement of Claim since February 23, 2024, and had been able to prepare and coordinate the defense. The Claimant further noted that all Defendants belonged to the same group of companies, their infringing acts related to the same products, and they coordinated their defense strategy.

The Defendants (1), 3), 4), and 6) requested that the filing deadline for all of them be set to July 8, 2024. They raised two principal objections. First, they argued that the Claimant's request to shorten the deadline was improperly filed because it was submitted by Mrs. Ronja Schregle, who was not appointed as the Claimant's representative in the CMS. They further contended that treating defendants served on different dates with identical deadlines would constitute discrimination and a violation of the right to be heard. Second, the Defendants complained that the Claimant had submitted the AVC standard with its Statement of Claim rather than the 2014 version of the HEVC standard referenced therein. The correct standard (Exhibit BP 6_corrected) was only submitted on May 15, 2024.

& Analysis

The Claimant opposed the Defendants' request for extension, arguing that all references to the standard in the Statement of Claim correctly addressed the relevant sections in the corrected exhibit, and that the fact that the ITU-T H.265 (10/2014) standard had been superseded by a September 2023 version was irrelevant. The Claimant also noted that the Defendants had been provided with the relevant HEVC standard version 10/2014 in several other HEVC infringement cases.

The Court relied on the jurisprudence of the Court of Appeal in case UPC_CoA_320/2023 (APL_572929/2023), which established that a reasoned request by a defendant for an extension of the deadline for filing the Statement of Defense is sufficient where a claimant failed to upload Annexes simultaneously with the Statement of Claim in the CMS, thereby not complying with Rule 13.2, and as a result those Annexes were unavailable when the defendant's representative accessed the CMS. The Court held that this case law applied equally where wrong Annexes were provided with the Statement of Claim.

Final Order & Ruling

The Court ordered that the deadline for Defendants 1), 3), 4), and 6) to file a Statement of Defense be extended to July 8, 2024. The Claimant's requests were rejected. The order was signed by Presiding Judge and Judge-rapporteur Dr. Zigann on May 27, 2024.