UPC_CFI_365/2023

The Mannheim Local Division confirmed the earlier imposition of penalties order of 20 January 2026 against Kodak GmbH and related entities for non-compliance with a final judgment requiring provision of financial and technical information to FUJIFILM Corporation (EP 3 511 174). The Court rejected Kodak's challenge and upheld the maximum daily penalty as justified given the extent and seriousness of the non-compliance. Leave to appeal was granted to develop UPC case law on enforcement measures.

Mannheim Local Division issued an enforcement order imposing penalty payments on Kodak entities for non-compliance with the obligation to destroy infringing embodiments under a prior decision. The Court granted Fujifilm's application for imposition of penalties for each week of non-compliance, while rejecting other enforcement requests. Defendants bear the costs.

The Mannheim Local Division found that Kodak GmbH, Kodak Graphic Communications GmbH, and Kodak Holding GmbH infringed EP 3 511 174 (relating to printing plate technology) owned by FUJIFILM. The defendants were ordered to cease infringement, provide information, destroy infringing products, recall products from commerce, and pay FUJIFILM EUR 300,000 as an interim award on legal costs. The counterclaim for revocation was dismissed. The value of the dispute was set at EUR 15,000,000.

Mannheim Local Division separated and ordered independent proceedings for claims and counterclaims relating to the UK national part of European patent EP 3 511 174, following the ECJ's judgment in C-339/22 (BSH Hausgeräte) regarding UPC's jurisdiction under Brussels Ia Regulation. The Court acted after awaiting the ECJ decision which was delivered after the oral hearing.

The Mannheim Local Division issued a preparatory procedural order ahead of the oral hearing in a patent infringement action brought by Fujifilm against Kodak entities concerning EP 3 511 174. The order set out preliminary views and questions on contested legal and technical points, including cross-border relief for the UK, interpretation of main vs. subsidiary requests, and claim construction, without making any final substantive ruling.