Fujifilm v Kodak (CFI, 16 July 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 16 July 2025 (UPC_CFI_365/2023, App_29027/2025), the Mannheim Local Division (Presiding Judge Tochtermann as judge rapporteur, Judges Böttcher and Agergaard, and Technically Qualified Judge Wismeth), on a request for panel review under Rule 333 RoP, upheld the judge rapporteur’s order of 3 June 2025 refusing Fujifilm the penalty warning it sought against Kodak GmbH, Kodak Graphic Communications and Kodak Holding. The order makes clear that panel review cannot be used to supplement the operative part of the decision on the merits concerning EP 3 511 174.

Question

May the patentee obtain, after the decision on the merits, a warning setting a compliance deadline and a penalty (up to EUR 30,000 per day) for destruction, recall and removal orders for which that decision set neither a deadline nor an amount?

Decision

No. The request for review is admissible but rejected: the panel exercises its discretion in the same way as the judge rapporteur, who applied the correct standards. The decision of 2 April 2025 fixed neither a time limit for compliance with sections B.III, B.IV and B.V nor any penalty amount. These issues belong to any later penalty application, where the facts will be assessed. Disagreement with the operative part of the decision on the merits should have been pursued on appeal. Panel review cannot alter it. Fujifilm bears the costs.

Key points for practice

• Practical point: a patentee wanting a compliance deadline or a predetermined penalty for corrective measures must ask for it in the main proceedings or appeal, otherwise it will have to prove a breach in penalty proceedings.

Provisions applied

Rules of Procedure

Rules 333 and 354.4

Case law cited

Fujifilm v Kodak, 2 April 2025, Mannheim Local Division (decision on the merits)

Related decisions

• Fujifilm v Kodak, 17 July 2025, order refusing confidentiality for information owed on enforcement.

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.