Kodak v Fujifilm (CoA, 12 October 2026)

Dhenne Avocats · 17 October 2026

Our analysis

Summary

By an order of 12 October 2026 (UPC_CoA_312/2025), the UPC Court of Appeal extended until 23 October 2026 the time limit for Kodak GmbH, Kodak Graphic Communications GmbH and Kodak Holding GmbH to lodge their written comments on the application for rehearing filed by Fujifilm Corporation. The order reveals that rehearing proceedings are pending before the Court in this dispute over EP 3 511 174.

Question

On what conditions will the Court of Appeal extend a time limit under Rule 9.3(a) RoP in rehearing proceedings?

Decision

The Court granted the application. The extension is short, the other side consented and the timetable of the proceedings is unaffected. The representatives had also been preparing for a hearing before the Düsseldorf Regional Court listed for 13 October 2026, until it was postponed on 7 October 2026.

Key points for practice

• A short extension request, agreed by the other side and with no impact on the timetable, stands every chance of being granted.
• Securing the opponent’s consent before applying to the Court considerably strengthens the request.

Provisions applied

Rules of Procedure

Rule 9.3(a) RoP

Related decisions

• Kodak v Fujifilm, 31 August 2026, an earlier Court of Appeal decision in the same proceedings.
• Kodak v Fujifilm, 2 June 2026, another stage of appeal UPC_CoA_312/2025.

Prepared by Dhenne Avocats from the official decision, consulted on 17 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.