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UPC CoA 873/2025
Sep 16, 2025
- Case details
- StatusCase Closed (Patent infringed)ActionAppealCategoryMain appeal
- Parties
- Respondents
- Kodak GmbHOperating co.
- Kodak Graphic Communications GmbHOperating co.
- Kodak Holding GmbHOperating co.
Representatives- Elena Hennecke-Freshfields
- Kilian Seidel-Freshfields
- Division
- Court of Appeal
- Language
- English
- First decided
- Jul 13, 2026
How this compares
How long the court takes to reach a first decision.
| Median days to first decision | |
|---|---|
| All UPC | 124 |
| Judge Rian Kalden | Locked |
| Judge Ingeborg Simonsson | Locked |
| Judge Patricia Rombach | Locked |
| Judge Lorenzo Parrini | Locked |
| Judge Max Tilmann | Locked |
At the UPC: Fujifilm Group (52 cases)·Kodak Group (52 cases)
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Related cases
Decisions
- 2026-07-13Appeal RoP220.1Public
Summary: The Court of Appeal reversed the first-instance decision (German designation) and found EP 3 476 616 valid and infringed by Kodak's Sonora X, Sonora Xtra-2 and Sonora Xtra-3 lithographic printing plate precursors; Kodak's counterclaim for revocation was dismissed and a full injunction, damages, recall and destruction were ordered for Germany. For the UK designation (UPC_CoA_881/2025 and UPC_CoA_873/2025), Fujifilm's appeal was dismissed because Fujifilm failed to establish an infringing act by any Kodak defendant in the UK; Kodak's conditional counterclaim for revocation of the UK designation was declared unfulfilled and therefore not decided.
Show the legal issues (14)
- Admissibility of defence of dependent claims without auxiliary request under R.30 RoP
- Patentee's obligations under R.29A RoP to identify dependent claim combinations
- Novelty over public prior use (Sonora X / T41 plates before priority date of 31 August 2017)
- Novelty over WO 2018/160379 A1 (Art. 54(3) EPC) and US 4 566 952 A
- Inventive step starting from EP 2 878 452 A1, EP 2 594 408 A1 or JP 2015-189021 A in combination with EP 2 839 968, EP 1 614 541 A2, JP H08-144090 A
- Scope of centrally limited claim 1 under Art. 105b(2) EPC during appeal proceedings
- Direct infringement of claim 1 by Sonora X, Sonora Xtra-2 and Sonora Xtra-3 plates (Germany)
- Indirect infringement of method claims 10 and 11
- Private prior use defence under Sec. 12 German Patent Act / Art. 28 UPCA
- UPC jurisdiction over UK designation of EP under Art. 4 Brussels Regulation I / BSH v Electrolux (CJEU C-339/22)
- Conditions for non-EU/LC European patent infringement actions and appropriate exercise of jurisdiction
- Proportionality of injunction and publication on website (Art. 80 UPCA)
- Penalty clauses for enforceable monetary obligations (Headnote 7)
- Costs allocation and interim award under R. 150.2 RoP
Documents
Show all 74 documents| Document title | Date | Public |
|---|---|---|
| Order | 2026-07-24 | Not public |
| Order | 2026-07-24 | Public |
| Receipt | 2026-07-22 | Not public |
| Cover sheet | 2026-07-22 | Not public |
| Application Respondent | 2026-07-22 | Not public |
| Order | 2026-07-20 | Not public |
| Order | 2026-07-20 | Public |
| Receipt | 2026-07-17 | Not public |
| Cover sheet | 2026-07-17 | Not public |
| Application Respondent | 2026-07-17 | Not public |