Fujifilm wins UPC injunction against Kodak, loses second case because patent invalid; decision to follow soon on UK part of winning patent

Following the ruling by the European Court of Justice in the BSH Hausgeräte v. Electrolux case, the Unified Patent Court (UPC) has established long-arm jurisdiction over non-UPCland components of European bundle patents, as confirmed by the Paris Local Division. Recently, the Mannheim Local Division of the UPC issued decisions in two cases involving Fujifilm and Kodak. In the first case concerning EP3511174, which relates to planographic printing plates, Fujifilm emerged victorious and secured an injunction limited to Germany, with potential for extension to the UK pending further court discussions. Conversely, Fujifilm faced defeat in the second case, as EP3476616 was deemed invalid in Germany. Kodak may seek a stay of enforcement from the UPC’s Court of Appeal, although the chances of success are slim. Fujifilm is likely to appeal the unfavorable ruling, particularly regarding EP’616, in an effort to preserve its interests. The implications of the EP’174 case could be significant, potentially marking the first UPC injunction applicable to the UK. Furthermore, the decisions clarify that the UPC lacks jurisdiction over national parts of European bundle patents that expired before the UPC's inception on June 1, 2023. The ruling also specifies that factual claims supporting a prior use defense must be included in the Statement of Defense, and outlines the standards for such defenses under German law. It is noteworthy that UPC decisions typically address multiple countries; however, the current ruling pertains solely to Germany, with the UK as a prospective jurisdiction for future remedies. Fujifilm’s claims for damages in various other nations were rejected due to patent lapses prior to the UPC's establishment. Should Fujifilm have anticipated this outcome, it might have opted for litigation in a German national court, thereby consolidating its claims for damages across all infringing acts. Additionally, the case provides valuable insights into prior use rights as a defense against patent infringement under German law, benefiting legal practitioners in the field.



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