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UPC CFI 355/2023
Oct 11, 2023·EP3594009 +1 more: LITHOGRAPHIC PRINTING PLATE ORIGINAL PLATE, AND METHOD FOR PRODUCING LITHOGRAPHIC PRINTING PLATE
- Case details
- StatusCase ClosedActionInfringementCategoryMain Infringement Action
- Parties
- RespondentsReps: Eva Acker (Freshfields Bruckhaus Deringer)
- Division
- Dusseldorf LD
- Technology
- Industrial Manufacturing · Printing Technology
- Language
- English
Claims
At issueall
Revokedall
Notes: EP 3 594 009 B1 revoked in all Contracting Member States; patent amendment application dismissed; infringement action dismissed as a consequence.
Decisions
- 2025-01-28RevokedInfringement Action
Decision of the Düsseldorf Local Division dated 28 January 2025 in infringement action by FUJIFILM Corporation against Kodak entities regarding EP 3 594 009 B1 (printing plate technology). The court rejected Kodak's preliminary objection, then upheld the counterclaim for revocation, revoking EP 3 594 009 B1 in all Contracting Member States where it has effect, on grounds including added matter (Art. 123(2) EPC) and obviousness over prior art. FUJIFILM's application to amend the patent was dismissed. As a consequence, the infringement action was also dismissed. The court confirmed jurisdiction over the UK part of the patent despite the revocation counterclaim concerning the German part, applying long-arm jurisdiction principles. Costs were ordered against the claimant. Value in dispute: EUR 15,000,000 each for infringement action and counterclaim for revocation.
Legal issues:Long-arm jurisdiction for UK part of European patent under Art. 33 UPCAClaim construction under Art. 69 EPCImplicit disclosure in prior artAdded matter under Art. 123(2) EPCApplication to amend patent - 2024-11-29Generic application
Procedural order rejecting and disregarding Defendants' (Kodak entities) further written submissions filed on 28 November 2024 because no reasoned request was made and no leave was granted by the judge-rapporteur for further submissions pursuant to Rule 36 RoP.
Legal issues:Admission of further written submissions (Rule 36 RoP)Rejection of unauthorised submissions - 2024-11-29Generic application
Procedural order granting the Claimant's request for simultaneous interpretation from English to Japanese at the oral hearing scheduled for 17-18 December 2024, issued pursuant to Rule 109.1 RoP.
Legal issues:Simultaneous interpretation (Rule 109.1 RoP)Fair trial principleEquality of arms
Documents
| Document title | Date | Public |
|---|---|---|
| Case Closure Formal Check | 2025-09-12 | Not public |
| Outcome of the Order | 2025-07-22 | Not public |
| Confirmation of appointment | 2025-07-22 | Public |
| Receipt | 2025-03-05 | Not public |
| 250305_R115RoP_Request_EP009_signed | 2025-03-05 | Not public |
| Headnote-and-Keywords | 2025-01-28 | Not public |
| DecisionOutcome | 2025-01-28 | Not public |
| Decision | 2025-01-28 | Not public |
| Decision | 2025-01-28 | Public |
| 578607-2023/OH/DUS-LOC/UPC202412170930AM/S01 | 2024-12-18 | Not public |
| 578607-2023/OH/DUS-LOC/UPC202412170930AM/S01 | 2024-12-18 | Not public |
| 578607-2023/OH/DUS-LOC/UPC202412170930AM/S02 | 2024-12-18 | Not public |
| 578607-2023/OH/DUS-LOC/UPC202412170930AM/S05 | 2024-12-18 | Not public |
| 578607-2023/OH/DUS-LOC/UPC202412170930AM/S03 | 2024-12-18 | Not public |
| 578607-2023/OH/DUS-LOC/UPC202412170930AM/S02 | 2024-12-18 | Not public |
| 578607-2023/OH/DUS-LOC/UPC202412170930AM/S04 | 2024-12-18 | Not public |
| 578607-2023/OH/DUS-LOC/UPC202412170930AM/S03 | 2024-12-18 | Not public |
| 578607-2023/OH/DUS-LOC/UPC202412170930AM/S05 | 2024-12-18 | Not public |
| 578607-2023/OH/DUS-LOC/UPC202412170930AM/S04 | 2024-12-18 | Not public |
| Receipt | 2024-12-16 | Not public |
| Interim-Procedure-Closure | 2024-12-13 | Not public |
| Summon-Oral-Hearing | 2024-12-13 | Not public |
| R. 108 RoP - Summon to the oral hearing | 2024-12-13 | Public |
| Hearing-Dates | 2024-12-13 | Not public |
| EP 009 - Confidentiality request | 2024-12-13 | Not public |
| EP 009 - Comment value in dispute and costs | 2024-12-13 | Not public |
| Exhibit FBD-T 52 | 2024-12-13 | Not public |
| EP 009 - Comment value in dispute and costs | 2024-12-13 | Not public |
| 2024-12-13_Fujifilm_Formal_response_to_court_order_of_09_12_2024_UPC_CFI_355_2023_signed | 2024-12-13 | Not public |
| Annex II | 2024-12-13 | Not public |
| R. 113.1 RoP - Time limits for the parties' submissions | 2024-12-13 | Public |
| Template-Order | 2024-12-13 | Not public |
| Order in the interim procedure | 2024-12-09 | Public |
| Headnote-and-Keywords | 2024-11-29 | Not public |
| Outcome of the Order | 2024-11-29 | Not public |
| R. 109 RoP Order | 2024-11-29 | Public |
| Headnote-and-Keywords | 2024-11-29 | Not public |
| Outcome of the Order | 2024-11-29 | Not public |
| R. 9.2 Order | 2024-11-29 | Public |
| R. 262A.4 RoP - Opportunity to comment | 2024-11-29 | Not public |
| Receipt | 2024-11-29 | Not public |
| Receipt | 2024-11-29 | Not public |
| Application | 2024-11-28 | Not public |
| Application | 2024-11-28 | Not public |
| Further comment | 2024-11-28 | Not public |
| Exhibit FBD-T 51 - CONFIDENTIAL - REDACTED FOR FUJI | 2024-11-28 | Not public |
| Further comment | 2024-11-28 | Not public |
| Further comment | 2024-11-28 | Not public |
| Exhibit FBD-T 51 - CONFIDENTIAL - REDACTED FOR FUJI | 2024-11-28 | Not public |
| Exhibit FBD-T 51 - CONFIDENTIAL | 2024-11-28 | Not public |
| 241126_Response_Request Interpretation | 2024-11-26 | Not public |
| Receipt | 2024-11-26 | Not public |
| EP 009 - Comment on request for translation | 2024-11-25 | Not public |
| R. 35 RoP - Closure of the written procedure | 2024-11-25 | Public |
| Template-Order | 2024-11-25 | Not public |
| Written-Procedure-Closure | 2024-11-25 | Not public |
| Headnote-and-Keywords | 2024-11-25 | Not public |
| Outcome of the Order | 2024-11-25 | Not public |
| R. 333 RoP Order | 2024-11-25 | Public |
| Order Name Interpreter | 2024-11-21 | Not public |
| Acknowledgement-of-lodging | 2024-11-20 | Not public |
| Receipt | 2024-11-18 | Not public |
| 241115_EP009_R109_Request | 2024-11-15 | Not public |
| 2411114_EP009_R333_Application_signed | 2024-11-14 | Not public |
| Headnote-and-Keywords | 2024-10-30 | Not public |
| Outcome of the Order | 2024-10-30 | Not public |
| Rejection of the R. 36 RoP request | 2024-10-30 | Public |
| Comment on application | 2024-10-11 | Not public |
| Opportunity to comment | 2024-10-04 | Not public |
| Receipt | 2024-10-04 | Not public |
| 241002_EP009_R36_Request_signed | 2024-10-03 | Not public |
| Hearing-Dates | 2024-09-11 | Not public |
| Summons to the oral hearing | 2024-09-11 | Public |
| Outcome of the Order | 2024-09-03 | Not public |
| Closing of the workflow | 2024-09-03 | Public |
| Order R. 262A RoP | 2024-09-03 | Public |
| Opportunity to comment R. 262A.4 RoP | 2024-08-20 | Not public |
| Receipt | 2024-08-20 | Not public |
| Application | 2024-08-20 | Not public |
| Application | 2024-08-20 | Not public |
| Acknowledgement-of-lodging | 2024-08-20 | Not public |
| Rejoinder - REDACTED FOR FUJI | 2024-08-20 | Not public |
| Rejoinder - REDACTED FOR FUJI | 2024-08-20 | Not public |
| Rejoinder | 2024-08-20 | Not public |
| Rejoinder | 2024-08-20 | Not public |
| Acknowledgement-of-lodging | 2024-08-20 | Not public |
| Rejoinder | 2024-08-20 | Not public |
| Rejoinder - REDACTED FOR FUJI | 2024-08-20 | Not public |
| Rejoinder - REDACTED FOR FUJI | 2024-08-20 | Not public |
| Rejoinder | 2024-08-20 | Not public |
| Acknowledgement-of-lodging | 2024-08-20 | Not public |
| Exhibit FBD-T 28 | 2024-08-20 | Not public |
| Exhibit FBD-T 43 | 2024-08-20 | Not public |
| Rejoinder - REDACTED FOR FUJI | 2024-08-20 | Not public |
| Exhibit FBD-T 30 | 2024-08-20 | Not public |
| Exhibit FBD-T 36 | 2024-08-20 | Not public |
| Exhibit FBD-T 46 | 2024-08-20 | Not public |
| Exhibit FBD-T 37 | 2024-08-20 | Not public |
| Exhibit FBD-T 14.2 | 2024-08-20 | Not public |
| Exhibit FBD-T 44 | 2024-08-20 | Not public |
| Exhibit FBD-T 41 | 2024-08-20 | Not public |
| Exhibit FBD-T 47 | 2024-08-20 | Not public |
| Exhibit FBD-T 30 | 2024-08-20 | Not public |
| Exhibit FBD-T 48 | 2024-08-20 | Not public |
| Exhibit FBD-T 34 | 2024-08-20 | Not public |
| Exhibit FBD-T 12 V2 | 2024-08-20 | Not public |
| Exhibit FBD-T 37 | 2024-08-20 | Not public |
| Exhibit FBD-T 31 | 2024-08-20 | Not public |
| Exhibit FBD-T 40 | 2024-08-20 | Not public |
| Exhibit FBD-T 39 | 2024-08-20 | Not public |
| Exhibit FBD-T 38 | 2024-08-20 | Not public |
| Exhibit FBD-T 29 | 2024-08-20 | Not public |
| Exhibit FBD-T 42 | 2024-08-20 | Not public |
| Exhibit FBD-T 33 | 2024-08-20 | Not public |
| Rejoinder | 2024-08-20 | Not public |
| Exhibit FBD-T 32 | 2024-08-20 | Not public |
| Exhibit FBD-T 41 | 2024-08-20 | Not public |
| Exhibit FBD-T 36 | 2024-08-20 | Not public |
| Exhibit FBD-T 38 | 2024-08-20 | Not public |
| Exhibit FBD-T 33 | 2024-08-20 | Not public |
| Exhibit FBD-K 30a | 2024-08-20 | Not public |
| Exhibit FBD-T 35 | 2024-08-20 | Not public |
| Exhibit FBD-T 29 | 2024-08-20 | Not public |
| Exhibit FBD-T 45a | 2024-08-20 | Not public |
| Exhibit FBD-T 34 | 2024-08-20 | Not public |
| Exhibit FBD-T 31 | 2024-08-20 | Not public |
| Exhibit FBD-T 32 | 2024-08-20 | Not public |
| Rejoinder - REDACTED FOR FUJI | 2024-08-20 | Not public |
| Exhibit FBD-T 39 | 2024-08-20 | Not public |
| Exhibit FBD-T 45 | 2024-08-20 | Not public |
| Exhibit FBD-T 48 | 2024-08-20 | Not public |
| Rejoinder | 2024-08-20 | Not public |
| Exhibit FBD-T 14.2 | 2024-08-20 | Not public |
| Exhibit FBD-T 35 | 2024-08-20 | Not public |
| Exhibit FBD-T 40 | 2024-08-20 | Not public |
| Exhibit FBD-T 10 V2 | 2024-08-20 | Not public |
| Exhibit FBD-T 12 V2 | 2024-08-20 | Not public |
| Exhibit FBD-T 10 V2 | 2024-08-20 | Not public |
| Headnote-and-Keywords | 2024-08-02 | Not public |
| Order re Application for leave to change claim | 2024-08-02 | Public |
| Response to application for leave to change claim | 2024-07-19 | Not public |
| Hearing-Dates | 2024-07-15 | Not public |
| Set a date and time for the oral hearing | 2024-07-15 | Public |
| R. 263 RoP - Opportunity to comment | 2024-07-10 | Not public |
| R. 263 RoP - Opportunity to comment | 2024-07-10 | Not public |
| R. 263 RoP - Opportunity to comment | 2024-07-10 | Not public |
| Outcome of the Order | 2024-07-05 | Not public |
| Extension of a time period | 2024-07-05 | Public |
| Template-Order | 2024-07-05 | Not public |
| Extension of a time period | 2024-07-05 | Not public |
| Receipt | 2024-07-05 | Not public |
| Exhibit FBD 9 | 2024-07-05 | Not public |
| Application | 2024-07-05 | Not public |
| Opportunity to comment R. 28 RoP | 2024-06-18 | Not public |
| Hearing-Dates | 2024-06-18 | Not public |
| Outcome of the Order | 2024-06-18 | Not public |
| Closure of the workflow due to technical reasons | 2024-06-18 | Public |
| R. 262A RoP Order | 2024-06-18 | Public |
| 2024-06-13 Pre-Order (Consult party) | 2024-06-13 | Not public |
| Comment on preliminary procedural order | 2024-06-11 | Not public |
| Comment on preliminary procedural order | 2024-06-11 | Not public |
| Comment on preliminary procedural order | 2024-06-11 | Not public |
| Panel-Appointment | 2024-06-07 | Not public |
| 2024-06-05 Pre Order | 2024-06-05 | Not public |
| Receipt | 2024-06-05 | Not public |
| Acknowledgement-of-lodging | 2024-06-04 | Not public |
| 2024-06-04_Reference_to_Reply_to_SoD__filed_against_Kodak_GmbH | 2024-06-04 | Not public |
| Acknowledgement-of-lodging | 2024-06-04 | Not public |
| 2024-06-04_Reference_to_Reply_to_SoD__filed_against_Kodak_GmbH | 2024-06-04 | Not public |
| 2024-06-04_R.262A_request_CFI_355-2023_ACT_578607-2023 | 2024-06-04 | Not public |
| 2024-06-04_R.262.2_request_CFI_355-2023_ACT_578607-2023 | 2024-06-04 | Not public |
| Acknowledgement-of-lodging | 2024-06-04 | Not public |
| 2024-06-04_Reply_SoD_Defence_to_CC_Application_amend_patent_EP009_CFI_355-2023_ACT_578607-2023_CONFIDENTIAL | 2024-06-04 | Not public |
| K_35_ EP009 | 2024-06-04 | Not public |
| K_34_EP009 | 2024-06-04 | Not public |
| K_32_EP009 | 2024-06-04 | Not public |
| K_26_EP009_CONFIDENTIAL | 2024-06-04 | Not public |
| K_33_EP009 | 2024-06-04 | Not public |
| K_29_EP009 | 2024-06-04 | Not public |
| 2024-06-04_Reply_SoD_Defence_to_CC_Application_amend_patent_EP009_CFI_355-2023_ACT_578607-2023_CONFIDENTIAL | 2024-06-04 | Not public |
| K_26_EP009_CONFIDENTIAL | 2024-06-04 | Not public |
| K_31_EP009 | 2024-06-04 | Not public |
| K_30_EP009 | 2024-06-04 | Not public |
| K_36_EP009 | 2024-06-04 | Not public |
| K_27_EP009 | 2024-06-04 | Not public |
| K_28_EP009 | 2024-06-04 | Not public |
| K_22a_EP009 | 2024-06-04 | Not public |
| Order R. 37.2 RoP | 2024-05-15 | Public |
| 240514_EP_009_Comment_on_joint_hearing_and_assigment_of_a_TQJ-Kodak_vs_Fujifilm_UPC_CFI_355_2023_signed | 2024-05-14 | Not public |
| Comment on joint hearing and assignment of a TQJ | 2024-05-14 | Not public |
| Comment on joint hearing and assignment of a TQJ | 2024-05-14 | Not public |
| Comment on joint hearing and assignment of a TQJ | 2024-05-14 | Not public |
| Opportunity to comment R. 37.2 RoP | 2024-04-30 | Not public |
| Outcome of the Order | 2024-04-19 | Not public |
| R. 9.3 RoP - Extention of a time period | 2024-04-19 | Public |
| Receipt | 2024-04-19 | Not public |
| 240418_Request_Time_Period_EP009_signed | 2024-04-18 | Not public |
| Outcome of the Order | 2024-04-15 | Not public |
| Amended R. 262A order | 2024-04-15 | Public |
| Pre-order re partial withdrawal R. 262A RoP application | 2024-04-09 | Not public |
| Headnote-and-Keywords | 2024-04-04 | Not public |
| Outcome of the Order | 2024-04-04 | Not public |
| Extension of time periods | 2024-04-04 | Public |
| Outcome of the Order | 2024-04-04 | Not public |
| Extension of time periods | 2024-04-04 | Public |
| Receipt | 2024-04-04 | Not public |
| 240403_EP009_Time_period_extension_signed_ACT_578607_2023 | 2024-04-03 | Not public |
| Receipt | 2024-04-03 | Not public |
| 240403_EP009_Time_Period_Extension_signed | 2024-04-03 | Not public |
| Receipt | 2024-04-02 | Not public |
| Receipt | 2024-04-02 | Not public |
| Application | 2024-04-02 | Not public |
| Exhibit FBD-T 28rr - EP 009 - SoD and CC - Redacted for Fuji | 2024-04-02 | Not public |
| Exhibit FBD-T 11rr - redacted for Fuji | 2024-04-02 | Not public |
| Partial withdrawal of request for confidentiality | 2024-04-02 | Not public |
| Exhibit FBD-T 28rr - EP 009 - SoD and CC - Redacted for Fuji | 2024-04-02 | Not public |
| Exhibit FBD-T 11rr - redacted for Fuji | 2024-04-02 | Not public |
| Final Order R. 262A RoP | 2024-03-27 | Public |
| Further comments pursuant to Rule 264 RoP UPCA | 2024-03-14 | Not public |
| Further comments pursuant to Rule 264 RoP UPCA | 2024-03-14 | Not public |
| Further comments pursuant to Rule 264 RoP UPCA | 2024-03-14 | Not public |
| 240313_further_statement_on_confidentiality_EP009 | 2024-03-13 | Not public |
| R. 262A - Opportunity to comment | 2024-03-07 | Not public |
| Outcome of the Order | 2024-03-05 | Not public |
| Pleading filed and workflow closed | 2024-03-05 | Public |
| Pleading filed and workflow closed | 2024-03-05 | Not public |
| Receipt | 2024-03-05 | Not public |
| Exhibit FBD 8 | 2024-03-04 | Not public |
| Submission of further comments pursuant to Rule 264 RoP UPCA | 2024-03-04 | Not public |
| Comments pursuant to Rule 264 RoP UPCA | 2024-03-04 | Not public |
| Comments pursuant to Rule 264 RoP UPCA | 2024-03-04 | Not public |
| Comments pursuant to Rule 262 RoP UPCA | 2024-03-04 | Not public |
| K25_EP009_List_of_employees | 2024-03-04 | Not public |
| 240304_statement on confidentialty_EP009_signed | 2024-03-04 | Not public |
| Opportunity to comment | 2024-02-26 | Not public |
| Opportunity to comment | 2024-02-26 | Not public |
| Receipt | 2024-02-23 | Not public |
| Receipt | 2024-02-23 | Not public |
| Application under Rule 262.2 RoP UPCA | 2024-02-22 | Not public |
| Exhibit FBD-T 14ar - confidential - redacted for Fuji | 2024-02-22 | Not public |
| Exhibit FBD-T 14r - confidential - redacted for Fuji | 2024-02-22 | Not public |
| Exhibit FBD-T 14br - confidential - redacted for Fuji | 2024-02-22 | Not public |
| Exhibit FBD-T 10r - confidential redacted for Fuji | 2024-02-22 | Not public |
| Exhibit FBD-T 12 r - confidential - redacted for Fuji | 2024-02-22 | Not public |
| Exhibit FBD-T 14br - confidential - redacted for Fuji | 2024-02-22 | Not public |
| Exhibit FBD-T 11r - confidential - redacted for Fuji | 2024-02-22 | Not public |
| Exhibit FBD-T 28r - confidential - redacted for Fuji | 2024-02-22 | Not public |
| Exhibit FBD-T 9r - confidential - redacted for Fuji | 2024-02-22 | Not public |
| Exhibit FBD-T 15ar - confidential - redacted for Fuji | 2024-02-22 | Not public |
| Exhibit FBD-T 27r - confidential - redacted for Fuji | 2024-02-22 | Not public |
| Exhibit FBD-T 14ar - confidential - redacted for Fuji | 2024-02-22 | Not public |
| Exhibit FBD-T 28r - confidential - redacted for Fuji | 2024-02-22 | Not public |
| Exhibit FBD-T 11r - confidential - redacted for Fuji | 2024-02-22 | Not public |
| Exhibit FBD-T 14r - confidential - redacted for Fuji | 2024-02-22 | Not public |
| Exhibit FBD-T 12 r - confidential - redacted for Fuji | 2024-02-22 | Not public |
| Exhibit FBD-T 15r - confidential - redacted for Fuji | 2024-02-22 | Not public |
| Exhibit FBD-T 13ar - confidential - redacted for Fuji | 2024-02-22 | Not public |
| Exhibit FBD-T 9r - confidential - redacted for Fuji | 2024-02-22 | Not public |
| Exhibit FBD-T 27r - confidential - redacted for Fuji | 2024-02-22 | Not public |
| Application | 2024-02-22 | Not public |
| Exhibit FBD-T 13r - confidential - redacted for Fuji | 2024-02-22 | Not public |
| Exhibit FBD-T 13r - confidential - redacted for Fuji | 2024-02-22 | Not public |
| Exhibit FBD-T 13ar - confidential - redacted for Fuji | 2024-02-22 | Not public |
| Exhibit FBD-T 10r - confidential redacted for Fuji | 2024-02-22 | Not public |
| Exhibit FBD-T 15r - confidential - redacted for Fuji | 2024-02-22 | Not public |
| Exhibit FBD-T 15ar - confidential - redacted for Fuji | 2024-02-22 | Not public |
| Comment pursuant to Rule 264 RoP UPCA | 2024-02-22 | Not public |
| Set of Exhibits FBD 5a | 2024-02-22 | Not public |
| Set of Exhibits FBD 6 | 2024-02-22 | Not public |
| Set of Exhibits FBD 5 | 2024-02-22 | Not public |
| Exhibits FBD 7 | 2024-02-22 | Not public |
| Exhibit FBD 7 | 2024-02-22 | Not public |
| Set of Exhibits FBD 5a | 2024-02-22 | Not public |
| Comment pursuant to Rule 264 RoP UPCA | 2024-02-22 | Not public |
| Set of Exhibits FBD 6 | 2024-02-22 | Not public |
| Set of Exhibits FBD 5 | 2024-02-22 | Not public |
| Set of Exhibits FBD 5a | 2024-02-22 | Not public |
| Set of Exhibits FBD 6 | 2024-02-22 | Not public |
| Exhibits FBD 7 | 2024-02-22 | Not public |
| Set of Exhibits FBD 5 | 2024-02-22 | Not public |
| Comment pursuant to Rule 264 RoP UPCA | 2024-02-22 | Not public |
| Outcome of the Order | 2024-02-22 | Not public |
| Rejection R. 9.3 (a) RoP request | 2024-02-22 | Public |
| Receipt | 2024-02-22 | Not public |
| 24-02-22_-_EP_009_-_Request_of_deadline_extension_-_Kodak_vs_Fujifilm_-_UPC_CFI_355_2023_No._App_6761_2024 | 2024-02-22 | Not public |
| Outcome of the Order | 2024-02-21 | Not public |
| Extension of time limits | 2024-02-21 | Public |
| Comment pursuant to Rule 264 RoP UPCA | 2024-02-20 | Not public |
| Exhibit FBD 4 | 2024-02-20 | Not public |
| Exhibit FBD 4 | 2024-02-20 | Not public |
| Comment pursuant to Rule 264 RoP UPCA | 2024-02-20 | Not public |
| Comment pursuant to Rule 264 RoP UPCA | 2024-02-20 | Not public |
| Exhibit FBD 4 | 2024-02-20 | Not public |
| Opportunity to comment | 2024-02-15 | Not public |
| R. 9.3 RoP - Opportunity to comment | 2024-02-15 | Not public |
| Comments Pursuant to RoP264 | 2024-02-14 | Not public |
| Comments Pursuant to RoP264 | 2024-02-14 | Not public |
| Receipt | 2024-02-09 | Not public |
| Application to request confidentiality from the public | 2024-02-09 | Not public |
| Opportunity to comment - R. 9.3 RoP | 2024-02-07 | Not public |
| Template-Order | 2024-02-07 | Not public |
| Opportunity to comment | 2024-02-07 | Not public |
| Opportunity to comment | 2024-02-07 | Not public |
| Receipt | 2024-02-07 | Not public |
| Exhibit FBD-T 28 - 24-02-06 - Redacted version Statement of Defence and Counterclaim for Revocation | 2024-02-07 | Not public |
| Request of deadline extension and submission of redacted version of SoD and CCRand | 2024-02-07 | Not public |
| Formal-checks_Notification-of-positive-outcome | 2024-02-07 | Not public |
| Formal-checks_Notification-of-positive-outcome | 2024-02-07 | Not public |
| Formal-checks_Notification-of-positive-outcome | 2024-02-07 | Not public |
| Request for protection of confidential information | 2024-02-07 | Not public |
| Acknowledgement-of-lodging | 2024-02-07 | Not public |
| Exhibit FBD-T 14a - confidential - partially redacted | 2024-02-07 | Not public |
| Exhibit FBD-T 13 - confidential | 2024-02-07 | Not public |
| Exhibit FBD-T 14b - confidential | 2024-02-07 | Not public |
| Exhibit FBD-T 13a - confidential | 2024-02-07 | Not public |
| Exhibit FBD-T 9 - confidential - partially redacted | 2024-02-07 | Not public |
| Exhibit FBD-T 12 - confidential - partially redacted | 2024-02-07 | Not public |
| Exhibit FBD-T 27 - confidential | 2024-02-07 | Not public |
| Exhibit FBD-T 23 | 2024-02-07 | Not public |
| Exhibit FBD-T 2a | 2024-02-07 | Not public |
| Exhibit FBD-T 14 - confidential | 2024-02-07 | Not public |
| Exhibit FBD-T 15 - confidential | 2024-02-07 | Not public |
| Exhibit FBD-T 15a - confidential - partially redacted | 2024-02-07 | Not public |
| Exhibit FBD-T 13a - confidential | 2024-02-07 | Not public |
| Exhibit FBD-T 20b | 2024-02-07 | Not public |
| Exhibit FBD-T 11 - confidential | 2024-02-07 | Not public |
| Exhibit FBD-T 3 | 2024-02-07 | Not public |
| Exhibit FBD-T 5 | 2024-02-07 | Not public |
| Exhibit FBD-T 25 | 2024-02-07 | Not public |
| Exhibit FBD-T 17 | 2024-02-07 | Not public |
| Exhibit FBD-T 14 - confidential | 2024-02-07 | Not public |
| Exhibit FBD-T 1 | 2024-02-07 | Not public |
| SoD CCR | 2024-02-07 | Not public |
| Exhibit FBD-T 4 | 2024-02-07 | Not public |
| Exhibit FBD-T 24 | 2024-02-07 | Not public |
| Exhibit FBD-T 9 - confidential - partially redacted | 2024-02-07 | Not public |
| Exhibit FBD-T 16 | 2024-02-07 | Not public |
| Exhibit FBD-T 11 - confidential | 2024-02-07 | Not public |
| Exhibit FBD-T 21b | 2024-02-07 | Not public |
| Exhibit FBD-T 19 | 2024-02-07 | Not public |
| Exhibit FBD-T 12 - confidential - partially redacted | 2024-02-07 | Not public |
| Exhibit FBD-T 27 - confidential | 2024-02-07 | Not public |
| Exhibit FBD-T 22 | 2024-02-07 | Not public |
| Exhibit FBD-T 2 | 2024-02-07 | Not public |
| Exhibit FBD-T 15a - confidential - partially redacted | 2024-02-07 | Not public |
| Exhibit FBD-T 17a | 2024-02-07 | Not public |
| Exhibit FBD-T 21a | 2024-02-07 | Not public |
| Exhibit FBD-T 14a - confidential - partially redacted | 2024-02-07 | Not public |
| Exhibit FBD-T 7 | 2024-02-07 | Not public |
| Exhibit FBD-T 15 - confidential | 2024-02-07 | Not public |
| Exhibit FBD-T 21 | 2024-02-07 | Not public |
| Exhibit FBD-T 14b - confidential | 2024-02-07 | Not public |
| Exhibit FBD-T 6 | 2024-02-07 | Not public |
| Exhibit FBD-T 20 | 2024-02-07 | Not public |
| Exhibit FBD-T 22a | 2024-02-07 | Not public |
| Exhibit FBD-T 26 | 2024-02-07 | Not public |
| Exhibit FBD-T 8 | 2024-02-07 | Not public |
| Exhibit FBD-T 22b | 2024-02-07 | Not public |
| Exhibit FBD-T 20a | 2024-02-07 | Not public |
| SoD CCR | 2024-02-07 | Not public |
| Exhibit FBD-T 13 - confidential | 2024-02-07 | Not public |
| Exhibit FBD-T 18 | 2024-02-07 | Not public |
| Acknowledgement-of-lodging | 2024-02-07 | Not public |
| Exhibit FBD-T 7 | 2024-02-07 | Not public |
| Exhibit FBD-T 22 | 2024-02-07 | Not public |
| Exhibit FBD-T 11 - confidential | 2024-02-07 | Not public |
| Exhibit FBD-T 10 - confidential | 2024-02-07 | Not public |
| Exhibit FBD-T 27 - confidential | 2024-02-07 | Not public |
| Exhibit FBD-T 6 | 2024-02-07 | Not public |
| Exhibit FBD-T 19 | 2024-02-07 | Not public |
| Exhibit FBD-T 26 | 2024-02-07 | Not public |
| Exhibit FBD-T 14 - confidential - partially redacted | 2024-02-07 | Not public |
| Exhibit FBD-T 20a | 2024-02-07 | Not public |
| Exhibit FBD-T 9 - confidential - partially redacted | 2024-02-07 | Not public |
| Exhibit FBD-T 10 - confidential | 2024-02-07 | Not public |
| Exhibit FBD-T 14b - confidential | 2024-02-07 | Not public |
| Exhibit FBD-T 14a - confidential - partially redacted | 2024-02-07 | Not public |
| Exhibit FBD-T 17a | 2024-02-07 | Not public |
| Exhibit FBD-T 21 | 2024-02-07 | Not public |
| Exhibit FBD-T 25 | 2024-02-07 | Not public |
| Exhibit FBD-T 1 | 2024-02-07 | Not public |
| Exhibit FBD-T 3 | 2024-02-07 | Not public |
| Exhibit FBD-T 12 - confidential - partially redacted | 2024-02-07 | Not public |
| Statement of Defense and Counterclaim for Revocation | 2024-02-07 | Not public |
| Exhibit FBD-T 23 | 2024-02-07 | Not public |
| Exhibit FBD-T 16 | 2024-02-07 | Not public |
| Exhibit FBD-T 21b | 2024-02-07 | Not public |
| Exhibit FBD-T 27 - confidential | 2024-02-07 | Not public |
| Exhibit FBD-T 9 - confidential - partially redacted | 2024-02-07 | Not public |
| Exhibit FBD-T 24 | 2024-02-07 | Not public |
| Exhibit FBD-T 22b | 2024-02-07 | Not public |
| Exhibit FBD-T 13a - confidential | 2024-02-07 | Not public |
| Exhibit FBD-T 2a | 2024-02-07 | Not public |
| Exhibit FBD-T 13 - confidential | 2024-02-07 | Not public |
| Exhibit FBD-T 13a - confidential | 2024-02-07 | Not public |
| Exhibit FBD-T 15a - confidential - partially redacted | 2024-02-07 | Not public |
| Exhibit FBD-T 2 | 2024-02-07 | Not public |
| Exhibit FBD-T 20b | 2024-02-07 | Not public |
| Statement of Defense and Counterclaim for Revocation | 2024-02-07 | Not public |
| Exhibit FBD-T 8 | 2024-02-07 | Not public |
| Exhibit FBD-T 22a | 2024-02-07 | Not public |
| Exhibit FBD-T 21a | 2024-02-07 | Not public |
| Exhibit FBD-T 17 | 2024-02-07 | Not public |
| Exhibit FBD-T 11 - confidential | 2024-02-07 | Not public |
| Exhibit FBD-T 15 - confidential - partially redacted | 2024-02-07 | Not public |
| Exhibit FBD-T 15a - confidential - partially redacted | 2024-02-07 | Not public |
| Exhibit FBD-T 20 | 2024-02-07 | Not public |
| Exhibit FBD-T 15 - confidential - partially redacted | 2024-02-07 | Not public |
| Exhibit FBD-T 5 | 2024-02-07 | Not public |
| Exhibit FBD-T 12 - confidential - partially redacted | 2024-02-07 | Not public |
| Exhibit FBD-T 14 - confidential - partially redacted | 2024-02-07 | Not public |
| Exhibit FBD-T 14a - confidential - partially redacted | 2024-02-07 | Not public |
| Exhibit FBD-T 14b - confidential | 2024-02-07 | Not public |
| Exhibit FBD-T 4 | 2024-02-07 | Not public |
| Exhibit FBD-T 13 - confidential | 2024-02-07 | Not public |
| Exhibit FBD-T 18 | 2024-02-07 | Not public |
| Acknowledgement-of-lodging | 2024-02-07 | Not public |
| Exhibit FBD-T 6 | 2024-02-07 | Not public |
| Exhibit FBD-T 20b | 2024-02-07 | Not public |
| Exhibit FBD-T 12 - confidential - partially redacted | 2024-02-07 | Not public |
| Exhibit FBD-T 14a - confidential - partially redacted | 2024-02-07 | Not public |
| Exhibit FBD-T 13a - confidential | 2024-02-07 | Not public |
| Exhibit FBD-T 22b | 2024-02-07 | Not public |
| Exhibit FBD-T 10 - confidential - partially redacted | 2024-02-07 | Not public |
| Exhibit FBD-T 17a | 2024-02-07 | Not public |
| Exhibit FBD-T 19 | 2024-02-07 | Not public |
| Exhibit FBD-T 23 | 2024-02-07 | Not public |
| Exhibit FBD-T 4 | 2024-02-07 | Not public |
| Exhibit FBD-T 20a | 2024-02-07 | Not public |
| Exhibit FBD-T 8 | 2024-02-07 | Not public |
| Exhibit FBD-T 14 - confidential - partially redacted | 2024-02-07 | Not public |
| Exhibit FBD-T 12 - confidential - partially redacted | 2024-02-07 | Not public |
| Exhibit FBD-T 2a | 2024-02-07 | Not public |
| Exhibit FBD-T 21b | 2024-02-07 | Not public |
| Exhibit FBD-T 14b - confidential | 2024-02-07 | Not public |
| Exhibit FBD-T 22a | 2024-02-07 | Not public |
| Exhibit FBD-T 15a - confidential | 2024-02-07 | Not public |
| Exhibit FBD-T 15 - confidential - partially redacted | 2024-02-07 | Not public |
| Exhibit FBD-T 27 - confidential | 2024-02-07 | Not public |
| Exhibit FBD-T 1 | 2024-02-07 | Not public |
| Exhibit FBD-T 14 - confidential - partially redacted | 2024-02-07 | Not public |
| Exhibit FBD-T 24 | 2024-02-07 | Not public |
| Exhibit FBD-T 18 | 2024-02-07 | Not public |
| Exhibit FBD-T 22 | 2024-02-07 | Not public |
| Exhibit FBD-T 16 | 2024-02-07 | Not public |
| Exhibit FBD-T 11 - confidential | 2024-02-07 | Not public |
| Exhibit FBD-T 10 - confidential - partially redacted | 2024-02-07 | Not public |
| Exhibit FBD-T 15a - confidential | 2024-02-07 | Not public |
| Exhibit FBD-9 - confidential - partially redacted | 2024-02-07 | Not public |
| Statement of Defense and Counterclaim for Revocation | 2024-02-07 | Not public |
| Exhibit FBD-T 14b - confidential | 2024-02-07 | Not public |
| Exhibit FBD-T 17 | 2024-02-07 | Not public |
| Exhibit FBD-T 15 - confidential - partially redacted | 2024-02-07 | Not public |
| Exhibit FBD-T 13a - confidential | 2024-02-07 | Not public |
| Exhibit FBD-T 27 - confidential | 2024-02-07 | Not public |
| Exhibit FBD-T 26 | 2024-02-07 | Not public |
| Exhibit FBD-T 25 | 2024-02-07 | Not public |
| Exhibit FBD-T 21a | 2024-02-07 | Not public |
| Exhibit FBD-T 14a - confidential - partially redacted | 2024-02-07 | Not public |
| Exhibit FBD-T 5 | 2024-02-07 | Not public |
| Exhibit FBD-T 11 - confidential | 2024-02-07 | Not public |
| Exhibit FBD-9 - confidential - partially redacted | 2024-02-07 | Not public |
| Exhibit FBD-T 3 | 2024-02-07 | Not public |
| Statement of Defense and Counterclaim for Revocation | 2024-02-07 | Not public |
| Exhibit FBD-T 13 - confidential | 2024-02-07 | Not public |
| Exhibit FBD-T 21 | 2024-02-07 | Not public |
| Exhibit FBD-T 13 - confidential | 2024-02-07 | Not public |
| Exhibit FBD-T 7 | 2024-02-07 | Not public |
| Exhibit FBD-T 2 | 2024-02-07 | Not public |
| Exhibit FBD-T 20 | 2024-02-07 | Not public |
| Preliminary_Objection_DecisionOutcome | 2024-01-26 | Not public |
| Preliminary objection R. 20.2 RoP | 2024-01-26 | Not public |
| Template-Order | 2024-01-26 | Not public |
| Preliminary_Objection_DecisionOutcome | 2024-01-26 | Not public |
| Preliminary objection R. 20.2 RoP | 2024-01-26 | Not public |
| Exhibit FBD 3a | 2024-01-22 | Not public |
| Exhibit FBD 3 | 2024-01-22 | Not public |
| Final written statement on Preliminary Objection | 2024-01-22 | Not public |
| Exhibit FBD 2a | 2024-01-22 | Not public |
| Exhibit FBD 1 | 2024-01-22 | Not public |
| Exhibit FBD 2 | 2024-01-22 | Not public |
| Exhibit FBD 3 | 2024-01-22 | Not public |
| Final written statement on Preliminary Objection | 2024-01-22 | Not public |
| Exhibit FBD 1 | 2024-01-22 | Not public |
| Exhibit FBD 2a | 2024-01-22 | Not public |
| Exhibit FBD 3a | 2024-01-22 | Not public |
| Exhibit FBD 2 | 2024-01-22 | Not public |
| Exhibit FBD 3a | 2024-01-22 | Not public |
| Exhibit FBD 3 | 2024-01-22 | Not public |
| Exhibit FBD 2a | 2024-01-22 | Not public |
| Exhibit FBD 1 | 2024-01-22 | Not public |
| Exhibit FBD 2 | 2024-01-22 | Not public |
| Final written statement on Preliminary Objection | 2024-01-22 | Not public |
| Final statements on the preliminary objection | 2024-01-22 | Not public |
| Final statements on the preliminary objection | 2024-01-22 | Not public |
| Outcome of the Order | 2024-01-21 | Not public |
| Extension of the time limit for filing the Statement of defence | 2024-01-21 | Not public |
| Receipt | 2024-01-21 | Not public |
| Exhibit - Fuji's consent to deadline extension | 2024-01-19 | Not public |
| EP 009 - Request for deadline extension | 2024-01-19 | Not public |
| Acknowledgement-of-change-of-a-representative | 2024-01-18 | Not public |
| Acknowledgement-of-change-of-a-representative | 2024-01-18 | Not public |
| Acknowledgement-of-change-of-a-representative | 2024-01-18 | Not public |
| App-R293-Receipt | 2024-01-18 | Not public |
| Formal-checks_Notification-of-positive-outcome | 2024-01-18 | Not public |
| App-R293-Receipt | 2024-01-18 | Not public |
| Formal-checks_Notification-of-positive-outcome | 2024-01-18 | Not public |
| App-R293-Receipt | 2024-01-18 | Not public |
| Formal-checks_Notification-of-positive-outcome | 2024-01-18 | Not public |
| Acknowledgement-of-lodging | 2024-01-15 | Not public |
| 24-01-15 - EP 009 - Change of representative - Kodak GmbH - WPW | 2024-01-15 | Not public |
| Acknowledgement-of-lodging | 2024-01-15 | Not public |
| Application for change of representative (R. 293 RoP) | 2024-01-15 | Not public |
| Acknowledgement-of-lodging | 2024-01-15 | Not public |
| Application for change of representative (R. 293 RoP) | 2024-01-15 | Not public |
| Pre-Order R. 20 RoP | 2023-12-18 | Not public |
| Pre-Order R. 20 RoP | 2023-12-18 | Not public |
| commentPreliminaryObjection | 2023-12-07 | Not public |
| Comment on preliminary objection | 2023-12-07 | Not public |
| commentPreliminaryObjection | 2023-12-07 | Not public |
| Comment on preliminary objection | 2023-12-07 | Not public |
| preliminaryObjection | 2023-11-24 | Not public |
| Preliminary Objection | 2023-11-23 | Not public |
| preliminaryObjection | 2023-11-23 | Not public |
| 23-11-23 - EP 009 - Preliminary Objection - Kodak GmbH | 2023-11-23 | Not public |
| Acknowledgement of access to case | 2023-11-22 | Not public |
| Acknowledgement of access to case | 2023-11-03 | Not public |
| Acknowledgement of access to case | 2023-11-03 | Not public |
| Notification Of Service | 2023-10-23 | Not public |
| Notification of serveice infringement B3 | 2023-10-23 | Not public |
| Notification Of Service | 2023-10-23 | Not public |
| notification of service infringement B2 | 2023-10-23 | Not public |
| Notification Of Service | 2023-10-23 | Not public |
| Notification of service infringement action | 2023-10-23 | Not public |
| epoUploadDocumentsWorkflow | 2023-10-16 | Not public |
| Document from EPO | 2023-10-13 | Not public |
| Letter for Service | 2023-10-12 | Not public |
| Letter for Service | 2023-10-12 | Not public |
| Letter for Service | 2023-10-12 | Not public |
| Panel-Appointment | 2023-10-12 | Not public |
| EPO-Request-for-case-pending | 2023-10-12 | Not public |
| Receipt | 2023-10-12 | Not public |
| Formal-checks_Notification-of-positive-outcome | 2023-10-12 | Not public |
| Acknowledgement-of-lodging | 2023-10-10 | Not public |
| Exhibit K 4 (EP 009) | 2023-10-10 | Not public |
| Exhibit K 23 (EP 009) | 2023-10-10 | Not public |
| Statement of Claim (EP 009) | 2023-10-10 | Not public |
| Exhibit K 22 (EP 009) | 2023-10-10 | Not public |
| Exhibit K 11 (EP 009) | 2023-10-10 | Not public |
| Exhibit K 13 (EP 009) | 2023-10-10 | Not public |
| Exhibit K 24 (EP 009) | 2023-10-10 | Not public |
| Exhibit K 10 (EP 009) | 2023-10-10 | Not public |
| Exhibit K 1 (EP 009) | 2023-10-10 | Not public |
| Exhibit K 14 (EP 009) | 2023-10-10 | Not public |
| Exhibit K 8 (EP 009) | 2023-10-10 | Not public |
| Exhibit K 9 (EP 009) | 2023-10-10 | Not public |
| Exhibit K 7 (EP 009) | 2023-10-10 | Not public |
| Exhibit K 20 (EP 009) | 2023-10-10 | Not public |
| Exhibit K 6 (EP 009) | 2023-10-10 | Not public |
| Exhibit K 2 (EP 009) | 2023-10-10 | Not public |
| Exhibit K 21 (EP 009) | 2023-10-10 | Not public |
| Exhibit K 12 (EP 009) | 2023-10-10 | Not public |
| Exhibit K 16 (EP 009) | 2023-10-10 | Not public |
| Exhibit K 15 (EP 009) | 2023-10-10 | Not public |
| Exhibit K 5 (EP 009) | 2023-10-10 | Not public |
| Exhibit K 18 (EP 009) | 2023-10-10 | Not public |
| Exhibit K 17 (EP 009) | 2023-10-10 | Not public |
| Exhibit K 3 (EP 009) | 2023-10-10 | Not public |
| Exhibit K 19 (EP 009) | 2023-10-10 | Not public |
Coverage: Partial.Reasoning extracted with partial coverage — some sections may be incomplete.
Plain-English summary
FUJIFILM brought infringement proceedings against three Kodak entities concerning EP 3 594 009 B1 (lithographic printing plate technology) before the Düsseldorf Local Division, which also had jurisdiction over the UK patent part. The court upheld the revocation counterclaim and revoked the patent across all Contracting Member States on grounds of added matter and obviousness, dismissing FUJIFILM's amendments as insufficient to cure the defect. The infringement action was accordingly dismissed and costs awarded to Kodak.
Accepted arguments
What the court agreed with — by party.
EP 3 594 009 B1 is invalid for added matter (Art. 123(2) EPC): amended claims require subject-matter not directly and unambiguously taught in the original application
RespondentLegal basis: Art. 123(2) EPC; Art. 138(1)(c) EPCNote: The court applied a strict standard: direct teaching requires the subject-matter to be disclosed as a specific, clearly defined individual embodiment without deductive steps; unambiguous means beyond doubt, not merely probable.
UPC has jurisdiction over the UK part of the patent even when a revocation counterclaim is filed only for the German part, where the defendant is domiciled in a Contracting Member State
ClaimantLegal basis: UPCA jurisdiction provisions; long-arm jurisdictionNote: Headnote 1: jurisdiction over UK part of infringement action is unaffected by a counterclaim for revocation limited to the German part.
Implicit disclosure means only the clear, immediate and unambiguous consequence of what is explicitly stated; a feature is implicitly disclosed if in carrying out the teaching the skilled person would inevitably arrive at it
RespondentLegal basis: EPO/UPC novelty doctrineNote: This standard was applied in assessing prior art disclosure and added matter alike.
Rejected arguments
What the court did not agree with — and why.
Narrowing claim construction based on description or drawings to exclude what is literally covered by claim language
RespondentLegal basis: Art. 69 EPC and Protocol on InterpretationReason: Claim terms should normally be given their broadest technically sensible meaning; Art. 69 EPC and Protocol do not justify narrowing construction based on description; narrowing is only permitted if there are convincing case-specific reasons.
Application to amend the patent (FUJIFILM's auxiliary requests)
ClaimantLegal basis: Art. 123(2) EPCReason: All amendment requests were dismissed; the added matter defect could not be cured.
Infringement action concerning EP 3 594 009 B1
ClaimantLegal basis: Art. 65 UPCAReason: Patent revoked; infringement action accordingly dismissed.
Key legal principles
Doctrines and rules cited in the reasoning.
Claim terms receive their broadest technically sensible meaning; description-based narrowing requires convincing case-specific reasonsImplicit disclosure: only the clear, immediate and unambiguous consequence of what is explicitly stated; a feature is implicitly disclosed if inevitably present when carrying out the teachingAdded matter under Art. 123(2) EPC: subject-matter must be directly (specific, clearly defined embodiment) and unambiguously (beyond doubt) taught in original applicationLong-arm jurisdiction: UPC has jurisdiction over UK patent part in infringement action where defendant is domiciled in a Contracting Member State, regardless of revocation counterclaim scope
Browse other cases on this principle.
Claim construction notes
The Düsseldorf Local Division articulated a broad-meaning default for claim terms under Art. 69 EPC, rejecting any narrowing via description unless convincingly justified by individual case circumstances. This was applied in assessing both infringement scope and whether amendments introduced added matter.