UPC Court of Appeal reinstates Fujifilm patent, grants injunction, clarifies defense of dependent claims

Context:

• Fujifilm and Kodak have been engaged in UPC litigation over lithographic printing plate technology. Cases over two patents were adjudicated by the Mannheim Local Division (LD).
• The first of the two appeals resulted in the reversal of an injunction and clarifications concerning long-arm claims (June 2, 2026 ip fray article).
• A second appeal was pending adjudication.

What’s new: The UPC Court of Appeal has now overturned key parts of the Mannheim LD’s other judgment, clarifying that patentees may defend granted dependent claims without filing a Rule 30 application where no amendment to the granted claims is sought. The Court reinstated Fujifilm’s patent in part, found Kodak liable for infringement, and provided further guidance on inventive step and UPC remedies.

Direct impact: The ruling provides immediate guidance for parties litigating revocation actions before the UPC. Patentees may defend granted dependent claims without filing Rule 30 auxiliary requests where no amendment to the granted claims is sought, while both patentees and revocation claimants must clearly identify and substantiate the claims they seek to defend or revoke. 

Wider ramifications: The ruling provides greater procedural certainty for UPC revocation actions by clarifying when Rule 30 applies and how dependent claims may be defended. Together with its guidance on validity and remedies, the decision contributes to the Court’s developing body of appellate case law and is likely to influence future pleading and litigation strategy. Effectively, the CoA overruled the Mannheim LD on almost everything that could be decided in the two cases, turning a loss for Fujifilm into a win and vice versa.