UPC Analytics
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Overview · Filed: Oct 11, 2023

UPC_CFI_355/2023

LITHOGRAPHIC PRINTING PLATE ORIGINAL PLATE, AND METHOD FOR PRODUCING LITHOGRAPHIC PRINTING PLATE

InfringementMain Infringement ActionDusseldorf LDInfringementCase Closed
Parties

Claimants

Reps: Lars Baum (HOYNG ROKH MONEGIER)

Respondents

Reps: Eva Acker (Freshfields Bruckhaus Deringer Rechtsanwälte Steuerberater PartG mbB)
Judges
  • Ronny Thomas
  • Berenice Thom
  • Rute Lopes
  • Stefanie Parchmann
Patents
  • EP3594009
  • EP 3 594 009 B1
CPC codes: B41C2210/04, B41C2210/22, B41C1/1041, G03F7/029, G03F7/00, B41C2210/08, B41C2201/10, G03F7/004, G03F7/027, B41C1/1008

Technology area: Industrial Manufacturing · Printing Technology

Outcome
RevokedDismissed — patent invalid
Filed: Oct 11, 2023
First decided:
Language: English

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.

Open on UPC Registry
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.