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UPC CoA 882/2025

Sep 18, 2025·EP3511174 · PLANOGRAPHIC PRINTING PLATE ORIGINAL PLATE, METHOD FOR MANUFACTURING PLANOGRAPHIC PRINTING PLATE, AND PLANOGRAPHIC PRINTING METHOD

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Case details
Status
Case Closed
Action
Appeal
Category
Main appeal
Parties
Claimants
Representatives
Respondents
Representatives
Division
Court of Appeal
Judges
Technology
  • Instruments
    Optics
  • Mechanical engineering
    Textile and paper machines
Language
English
First decided
Jun 2, 2026
How this compares
How long the court takes to reach a first decision.
Median days to first decision
All UPC124
Judge Rian KaldenLocked
Judge Patricia RombachLocked
Judge Ingeborg SimonssonLocked
Judge Max TilmannLocked
Judge Lorenzo ParriniLocked

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

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Related cases
All proceedings on this patent

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

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More cases: Court of Appeal·2025

Decisions
  • 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
Documents
Show all 93 documents
Document titleDatePublic
Other Documents2026-08-03Not public
Order2026-07-27Not public
Order2026-07-27Public
Case closed2026-06-03Not public
Decision2026-06-02Not public
Decision2026-06-02Public
Decision2026-06-02Not public
Decision2026-06-02Not public
Decision2026-06-02Not public
Decision2026-06-02Not public
Accepted arguments
What the court agreed with — by party.

  • Fujifilm's unconditional request to amend claim 1 of the German designation of the patent should be allowed

    ClaimantLegal basis: Art. 76 UPCA; amendment proceedings

  • Kodak's counterclaim for revocation of the amended claim should be rejected

    RespondentLegal basis: Revocation counterclaim

  • UPC has international jurisdiction over designations outside the UPC territory where the defendant is domiciled in the UPC territory under Art. 4 Brussels I bis

    RespondentLegal basis: Art. 4 Brussels I bis; Art. 34 UPCA; CJEU Owusu C-281/02; CJEU BSH v Electrolux
Rejected arguments
What the court did not agree with — and why.

  • Fujifilm's infringement requests based on the patent as granted

    ClaimantLegal basis: Patent infringement (EP3511174 as granted)

  • The court should decline jurisdiction on forum non conveniens grounds

    ClaimantLegal basis: Forum non conveniens doctrine