UPC CoA 312/2025
Apr 2, 2025·EP3511174 · PLANOGRAPHIC PRINTING PLATE ORIGINAL PLATE, METHOD FOR MANUFACTURING PLANOGRAPHIC PRINTING PLATE, AND PLANOGRAPHIC PRINTING METHOD
- Case details
- StatusWritten Phase (No infringement)ActionAppealCategoryMain appeal
- Parties
- Claimants
- Kodak Holding GmbHOperating co.
- Kodak GmbHOperating co.
- Kodak Graphic Communications GmbHOperating co.
Representatives- Kilian Seidel-Freshfields
Respondents- Fujifilm CorporationOperating co.
Representatives- Christof Augenstein-Kather Augenstein
- Tobias Hahn-Hoyng Rokh Monegier
- Division
- Court of Appeal
- Technology
- InstrumentsOptics
- Mechanical engineeringTextile and paper machines
- Language
- English
- First decided
- Apr 17, 2025
- Last decision
- Oct 12, 2026
| Median days to first decision | |
|---|---|
| All UPC | 124 |
| Judge Klaus Grabinski | Locked |
| Judge Paolo Catallozzi | Locked |
| Judge Peter Blok | Locked |
At the UPC: Kodak Group (52 cases)·Fujifilm Group (52 cases)
This dispute contains 24 other proceedings
UPC CFI 3254/2026·UPC CFI 3265/2026·UPC CFI 3269/2026·UPC CFI 3173/2026·UPC CoA 130/2026 and 19 more
Start a free trial to see how each one ended.
More cases: Court of Appeal·2025
- 2026-10-12AppealPublic
Summary: The judge-rapporteur of the Court of Appeal extended by one week, until 23 October 2026, the Respondents' time limit to lodge written comments on the Applicant's request for rehearing. The Applicant had agreed to the extension and the order rests on R. 9.3(a) RoP.
Show the legal issues (2)
- extension of time limit under R. 9.3(a) RoP
- request for rehearing
- 2026-08-31AppealPublic
Summary: Court of Appeal order (Panel 1b, 31 Aug 2026) on Fujifilm's application for rehearing under Art. 81 UPCA against the CoA decision of 2 June 2026 (Fujifilm v Kodak, EP 3 511 174): the request that the rehearing application be granted suspensive effect is dismissed, because R. 252 RoP makes suspensive effect the exception and the applicant gave no specific reasons or prejudice. The rehearing application itself remains pending.
Show the legal issues (2)
- Art. 81 UPCA application for rehearing
- R. 252 RoP: no suspensive effect of a rehearing application unless specifically justified
- 2026-06-02Appeal RoP220.1Public
Summary: The Court of Appeal set aside the first-instance decisions in all four appeals. In UPC_CoA_312/2025 and UPC_CoA_333/2025, Fujifilm's infringement requests were rejected, Fujifilm's unconditional request to amend claim 1 of the German designation was allowed (claim 1 revoked as granted and upheld in amended form), and Kodak's counterclaim for revocation was rejected. In UPC_CoA_880/2025 and UPC_CoA_882/2025, Fujifilm's infringement requests were dismissed, and the condition under which Kodak's counterclaim for revocation was filed was declared not fulfilled.
Show the legal issues (8)
- Claim construction of numerical values and manufacturing tolerances
- Private prior use (Art. 28 UPCA) under German law
- Front-loaded proceedings and submission of additional evidence (R. 29(c) RoP)
- International jurisdiction of the UPC over non-UPC territory designations (Art. 34 UPCA)
- Application of Brussels I bis Regulation (Art. 4) and forum non conveniens
- Application of comity principles in cross-border patent disputes
- Patent amendment in appeal proceedings
- Unconditional request to amend claim 1
- 2025-08-21Application RoP262APublic
Summary: Court of Appeal order on a confidentiality application (R. 262A RoP) filed by Kodak (appellants/defendants) in appeal proceedings concerning Fujifilm's infringement action. The order addresses confidentiality of trade secrets and commercially sensitive information in the grounds of appeal, confirming that the requirements of the Court's electronic case management system do not override the Rules of Procedure and the Court's case law. No substantive ruling on infringement or validity.
Show the legal issues (2)
- Confidentiality of trade secrets in appeal proceedings (R. 262A RoP)
- Relationship between CMS requirements and Rules of Procedure
- 2025-04-17Application RoP 223Public
Summary: Court of Appeal (Panel 2, Rian Kalden as rapporteur) dismissed Kodak Holding GmbH, Kodak GmbH, and Kodak Graphic Communications GmbH's application for suspensive effect of the Mannheim Local Division's infringement judgment of 2 April 2025 against Kodak. The Mannheim Local Division had found infringement of Fujifilm Corporation's EP 3 511 174, ordered a permanent injunction, damages, information disclosure, product destruction and recall, and EUR 300,000 interim costs. The Court of Appeal held that Kodak had not demonstrated manifest errors in the first-instance decision – the complaints about priority, prior use rights, right to be heard, proportionality of injunction, and cost allocation did not reach the threshold of manifest error on a summary assessment. The Court also addressed R. 171.2 RoP (uncontested facts), clarifying that an uncontested fact does not automatically lead to the legal consequence for which it was invoked.
Show the legal issues (5)
- Suspensive effect of appeal (R. 223 RoP / Art. 74(1) UPCA)
- Standard for manifest error in first-instance decision
- Uncontested facts (R. 171.2 RoP) – legal consequences not automatic
- Validity: priority, prior public use rights
- Proportionality of permanent injunction
| Document title | Date | Public |
|---|---|---|
| Publication of order | 2026-10-12 | Not public |
| Order | 2026-10-12 | Not public |
| Order | 2026-10-12 | Public |
| Receipt | 2026-10-08 | Not public |
| Cover sheet | 2026-10-08 | Not public |
| Exhibit Respondent | 2026-10-08 | Not public |
| Exhibit Respondent | 2026-10-08 | Not public |
| Application Respondent | 2026-10-08 | Not public |
| Other Documents | 2026-09-30 | Not public |
| Order | 2026-09-28 | Not public |
| Order | 2026-09-28 | Public |
| Receipt | 2026-09-22 | Not public |
| Cover sheet | 2026-09-22 | Not public |
| Application Appellant | 2026-09-22 | Not public |
| Publication of order | 2026-08-31 | Not public |
| Order | 2026-08-31 | Not public |
| Order | 2026-08-31 | Public |
| Receipt | 2026-08-27 | Not public |
| Cover sheet | 2026-08-27 | Not public |
| Submission Respondent | 2026-08-27 | Not public |
| Written procedure reopened | 2026-08-17 | Not public |
| Order | 2026-08-17 | Not public |
| Order | 2026-08-17 | Public |
| Note | 2026-08-14 | Not public |
| Order | 2026-08-13 | Not public |
| Order | 2026-08-13 | Public |
| Communication | 2026-08-13 | Not public |
| Other Documents | 2026-08-13 | Not public |
| Other Documents | 2026-08-05 | Not public |
| Formal Deficiency found | 2026-08-04 | Not public |
| Other Documents | 2026-08-03 | Not public |
| Receipt | 2026-07-31 | Not public |
| Cover sheet | 2026-07-31 | Not public |
| Document Respondent | 2026-07-31 | Not public |
| Application Respondent | 2026-07-31 | Not public |
| Application Respondent | 2026-07-31 | Not public |
| Order | 2026-07-27 | Not public |
| Order | 2026-07-27 | Public |
| Receipt | 2026-07-24 | Not public |
| Cover sheet | 2026-07-24 | Not public |
| Application Respondent | 2026-07-24 | Not public |
| Other Documents | 2026-07-09 | Not public |
| Other Documents | 2026-06-29 | Not public |
| Order | 2026-06-26 | Not public |
| Order | 2026-06-26 | Public |
| Receipt | 2026-06-25 | Not public |
| Cover sheet | 2026-06-25 | Not public |
| Application Appellant | 2026-06-25 | Not public |
| Order | 2026-06-24 | Not public |
| Order | 2026-06-24 | Public |
| Receipt | 2026-06-22 | Not public |
| Cover sheet | 2026-06-22 | Not public |
| Application Respondent | 2026-06-22 | Not public |
| Case closed | 2026-06-03 | Not public |
| Decision | 2026-06-02 | Not public |
| Decision | 2026-06-02 | Public |
| Decision | 2026-06-02 | Not public |
| Decision | 2026-06-02 | Not public |
| Decision | 2026-06-02 | Not public |
| Decision | 2026-06-02 | Not public |
| Communication | 2026-06-01 | Not public |
| Oral procedure closed | 2026-04-01 | Not public |
| Order | 2026-03-31 | Public |
| Order | 2026-03-31 | Public |
| Hearing recording reference document | 2026-03-30 | Not public |
| Oral procedure opened | 2026-03-24 | Not public |
| Interim procedure closed | 2026-03-24 | Not public |
| Communication | 2026-03-24 | Not public |
| Communication | 2026-03-18 | Not public |
| Interim procedure opened | 2026-02-04 | Not public |
| Written procedure closed | 2026-02-04 | Not public |
| Note | 2026-02-04 | Not public |
| Receipt | 2026-02-03 | Not public |
| Cover sheet | 2026-02-03 | Not public |
| Other document Respondent | 2026-02-03 | Not public |
| Other document Respondent | 2026-02-03 | Not public |
| Other document Respondent | 2026-02-03 | Not public |
| Note | 2026-01-21 | Not public |
| Receipt | 2026-01-20 | Not public |
| Cover sheet | 2026-01-20 | Not public |
| Other document Appellant | 2026-01-20 | Not public |
| Other document Appellant | 2026-01-20 | Not public |
| Other document Appellant | 2026-01-20 | Not public |
| Other document Appellant | 2026-01-20 | Not public |
| Other document Appellant | 2026-01-20 | Not public |
| Order | 2026-01-16 | Not public |
| Order | 2026-01-16 | Public |
| Receipt | 2026-01-16 | Not public |
| Cover sheet | 2026-01-16 | Not public |
| Application document Appellant | 2026-01-16 | Not public |
| Communication | 2026-01-16 | Not public |
| Order | 2025-12-22 | Not public |
| Order | 2025-12-22 | Not public |
| Cover sheet | 2025-12-15 | Not public |
| Other document Respondent | 2025-12-15 | Not public |
| Receipt | 2025-12-15 | Not public |
| Order | 2025-12-11 | Not public |
| Order | 2025-12-11 | Not public |
| Other document Appellant | 2025-12-10 | Not public |
| Cover sheet | 2025-12-10 | Not public |
| Other document Appellant | 2025-12-10 | Not public |
| Receipt | 2025-12-10 | Not public |
| Cover sheet | 2025-12-10 | Not public |
| Other document Respondent | 2025-12-10 | Not public |
| Receipt | 2025-12-10 | Not public |
| Order | 2025-12-04 | Not public |
| Order | 2025-12-04 | Public |
| Statement of Response | 2025-12-02 | Not public |
| Cover sheet | 2025-12-02 | Not public |
| Exhibit document Respondent | 2025-12-02 | Not public |
| Exhibit document Respondent | 2025-12-02 | Not public |
| Exhibit document Respondent | 2025-12-02 | Not public |
| Exhibit document Respondent | 2025-12-02 | Not public |
| Exhibit document Respondent | 2025-12-02 | Not public |
| Exhibit document Respondent | 2025-12-02 | Not public |
| Exhibit document Respondent | 2025-12-02 | Not public |
| Exhibit document Respondent | 2025-12-02 | Not public |
| Exhibit document Respondent | 2025-12-02 | Not public |
| Exhibit document Respondent | 2025-12-02 | Not public |
| Exhibit document Respondent | 2025-12-02 | Not public |
| Exhibit document Respondent | 2025-12-02 | Not public |
| Exhibit document Respondent | 2025-12-02 | Not public |
| Exhibit document Respondent | 2025-12-02 | Not public |
| Statement of Response | 2025-12-02 | Not public |
| Receipt | 2025-12-02 | Not public |
| Summons to oral hearing | 2025-10-21 | Not public |
| Summons | 2025-10-21 | Public |
| Order | 2025-10-21 | Not public |
| Order | 2025-10-21 | Public |
| Communication | 2025-10-13 | Not public |
| Cover sheet | 2025-10-10 | Not public |
| Other document Appellant | 2025-10-10 | Not public |
| Receipt | 2025-10-10 | Not public |
| Cover sheet | 2025-10-10 | Not public |
| Other document | 2025-10-10 | Not public |
| Other document | 2025-10-10 | Not public |
| Other document | 2025-10-10 | Not public |
| Receipt | 2025-10-10 | Not public |
| Order | 2025-10-03 | Not public |
| Order | 2025-10-03 | Public |
| Panel-Appointment | 2025-09-10 | Not public |
| comment on order case management | 2025-09-05 | Not public |
| comment order case management | 2025-09-05 | Not public |
| comment on order case management | 2025-09-05 | Not public |
| 2025-09-05 Statement Fujifilm on case management order CoA | 2025-09-05 | Not public |
| Headnote-and-Keywords | 2025-08-21 | Not public |
| Outcome of the Order | 2025-08-21 | Not public |
| Final order on 262A | 2025-08-21 | Public |
| Final order on 262A | 2025-08-21 | Public |
| case management order | 2025-08-21 | Public |
| Receipt | 2025-08-19 | Not public |
| Acknowledgement-of-lodging | 2025-08-19 | Not public |
| Application to request confidentiality from the public, R. 262.2 RoP UPC | 2025-08-19 | Not public |
| Request for protection of confidential information R. 262A RoP UPC | 2025-08-19 | Not public |
| Exhibit FBD 1 | 2025-08-19 | Not public |
| Exhibit FBD 1 | 2025-08-19 | Not public |
| Acknowledgement-of-lodging | 2025-08-19 | Not public |
| Exhibit FBD-A 9 | 2025-08-19 | Not public |
| Exhibit FBD-A 0 - Confidential | 2025-08-19 | Not public |
| Exhibit FBD 16 - Confidential | 2025-08-19 | Not public |
| Exhibit FBD-A 8a | 2025-08-19 | Not public |
| Exhibit FBD 16 - Confidential | 2025-08-19 | Not public |
| Exhibit FBD-A 6b | 2025-08-19 | Not public |
| EXHIBIT FBD-A 16 - Redacted for Fuji | 2025-08-19 | Not public |
| Exhibit FBD-A 7a | 2025-08-19 | Not public |
| EXHIBIT FBD-A 16 - Redacted for Fuji | 2025-08-19 | Not public |
| 25-08-18 - EP 174 - Kodak Grounds of Appeal - Confidential | 2025-08-19 | Not public |
| Exhibit FBD-A 8 | 2025-08-19 | Not public |
| 25-08-18 - EP 174 - Kodak Grounds of Appeal - Confidential | 2025-08-19 | Not public |
| 25-08-18 - EP 174 - Kodak Grounds of Appeal - Redacted for Fuji | 2025-08-19 | Not public |
| Exhibit FBD-A 5 | 2025-08-19 | Not public |
| Exhibit FBD-A 10 | 2025-08-19 | Not public |
| Exhibit FBD-A 12 | 2025-08-19 | Not public |
| Exhibit FBD-A 7 | 2025-08-19 | Not public |
| Exhibit FBD-A 14 | 2025-08-19 | Not public |
| Exhibit FBD-A 6a | 2025-08-19 | Not public |
| Exhibit FBD-A 9a | 2025-08-19 | Not public |
| Exhibit FBD-A 15 | 2025-08-19 | Not public |
| Exhibit FBD-A 11 | 2025-08-19 | Not public |
| Exhibit FBD-A 0 - Confidential | 2025-08-19 | Not public |
| Exhibit FBD-A 13 | 2025-08-19 | Not public |
| 25-08-18 - EP 174 - Kodak Grounds of Appeal - Redacted for Fuji | 2025-08-19 | Not public |
| Exhibit FBD-A 0 - Redacted for Fuji | 2025-08-19 | Not public |
| Exhibit FBD-A 14 | 2025-08-19 | Not public |
| Exhibit FBD-A 6 | 2025-08-19 | Not public |
| Exhibit FBD-A 0 - Redacted for Fuji | 2025-08-19 | Not public |
| Outcome of the Order | 2025-07-25 | Not public |
| order on time extension | 2025-07-25 | Public |
| Receipt | 2025-07-22 | Not public |
| Exhibit FBD-FV 1 | 2025-07-21 | Not public |
| Application for extension of time period | 2025-07-21 | Not public |
| Outcome of the Order | 2025-04-17 | Not public |
| close workflow | 2025-04-17 | Public |
| Receipt | 2025-04-09 | Not public |
| Panel-Appointment | 2025-04-09 | Not public |
| Receipt | 2025-04-09 | Not public |
| Formal-checks_Notification-of-positive-outcome | 2025-04-09 | Not public |
| Proof of payment appeal | 2025-04-07 | Not public |
| Exhibit FBD-A 4 | 2025-04-07 | Not public |
| Acknowledgement-of-lodging | 2025-04-02 | Not public |
| EP 174 - Appeal | 2025-04-02 | Not public |