Context:
- Last year, the UPC’s Mannheim Local Division (LD) decided two Fujifilm v. Kodak cases over printing plates simultaneously (April 2, 2025 ip fray article), holding one patent (EP3511174: “Planographic printing plate original plate, method for manufacturing planographic printing plate, and planographic printing method”) valid and infringed in Germany (the sole UPC contracting member state (CMS) in which the patent was still relevant), but deemed the other ( EP3476616: “Lithographic printing plate precursor, method for manufacturing a lithographic printing plate, and printing method”) invalid.
- Over EP’174, the Mannheim LD later granted a UK injunction (July 18, 2025 ip fray article). It had severed the UK claim at a time when the European Court of Justice (ECJ) had not yet adjudicated BSH Hausgeräte v. Electrolux (February 25, 2025 ip fray article).
- Earlier this year, the Mannheim LD imposed a €1.72M (approx. $2M) contempt fine on Kodak (January 23, 2026 ip fray article).
- The cross-appeal was heard two months ago (March 31, 2026 ip fray article). Based on reports by some of those who attended the first of the two hearing days (ip fray followed only the second day in order to focus on long-arm questions), it appeared as if the Mannheim LD’s merits ruling over EP’174 was likely to be upheld, while the UK long-arm claim was going to fail not on broader jurisdictional grounds but for lack of joint tortfeasorship or other UK-specific infringement evidence capable of supporting a long-arm injunction.
To Read The Full Story
Continue reading your article with a Membership
Court and counsel
CoA (panel 2): Presiding Judge Rian Kalden, Judge Ingeborg Simonsson, Judge Dr. Patricia Rombach, Technically Qualified Judge Max Tilmann, and Technically Qualified Judge Lorenzo Parrini.
Counsel for plaintiff Fujifilm: Kather Augenstein’s Dr. Christof Augenstein. He came in only after the first-instance ruling, which was a limiting factor particularly with respect to the UK long-arm claim.
Counsel for defendant Kodak: Freshfields’s Wolrad Prinz zu Waldeck und Pyrmont and Dr. Nina Bayerl.
