Powered by Lexis+®
Jurisdiction(s):
European Union

UPC long-arm jurisdiction tested: Düsseldorf Local Division asserts power over UK patent acts in Fujifilm v Kodak, raising strategic implications for enforcing European patents in non-UPC EPC states

Published on: 28 February 2025

Published by a LexisNexis EU Law expert
Legal News
imgtext
Article summary

Fujifilm Corporation v Kodak Holding GmbH and others, UPC_CFI_355/2023

Case background

Fujifilm Corporation has brought proceedings against a number of Kodak entities, alleging breaches of multiple European patents covering offset printing technology. Two suits were commenced in the UPC’s Mannheim Local Division, and a further action (ACT_578607/2023; UPC_CFI_355/2023) was lodged with the Düsseldorf Local Division concerning the purported infringement of EP3594009. In that latter matter, Kodak responded with a counterclaim seeking revocation. At the time, the European patent was effective in Germany and the UK, and all litigants were domiciled in Germany, a UPC contracting member state.

Decision of the Düsseldorf Local Division

Ruling on the dispute, the Düsseldorf Local Division held the European patent invalid under the European Patent Convention (EPC), after refusing Fujifilm’s proposed amendments. It acknowledged it lacked competence to set aside the UK part of the patent—so that portion remains in force—whereas the German part of the patent was revoked...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Popular documents

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Read More Right Arrow

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Read More Right Arrow

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Read More Right Arrow

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...

Read More Right Arrow