UPC CoA 333/2025

At the UPC: Kodak Group (52 cases)·Fujifilm Group (52 cases)

• 2026-06-02
  Appeal 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