UPC CoA 873/2025

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

• 2026-07-13
  Appeal 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