Fujifilm v Kodak (CFI, 22 January 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 22 January 2025 (UPC_CFI_365/2023), the judge-rapporteur of the Mannheim Local Division prepared the oral hearing in Fujifilm’s infringement action on EP 3 511 174 against three Kodak companies, which have counterclaimed for revocation. Without deciding the merits, it sets out preliminary views but fixes the value of the dispute provisionally at no less than EUR 15 million, and indicates that the claim for an injunction covering the United Kingdom will be dealt with separately pending the CJEU’s judgment in Case C-339/22 (BSH Hausgeräte).

Question

How does the panel intend to organise the hearing, and what value of the dispute should be adopted where the claimant puts it at EUR 5 million while seeking an interim award of EUR 10 million?

Decision

The EUR 5 million figure appears largely underestimated in light of the EUR 10 million interim award sought alone, and the value is provisionally set at no less than EUR 15 million (section II). The panel asks the parties about the law governing acts before and after 1 June 2023 (Article 28 of the Vienna Convention on the Law of Treaties) and about proof of foreign law (section I). It raises questions on prior use, validity and infringement by the SONORA XTRA-3 product (sections III to V). The hearing is envisaged for 11 to 13 February 2025, together with UPC_CFI_359/2023 for common issues, and cost estimates are due by 4 February 2025 (sections VI to VIII).

Key points for practice

• The value of the dispute stated by the claimant may be corrected by the Court where it is inconsistent with the claimant’s own quantified requests (section II).
• Practical point: where the acts complained of partly predate the entry into force of the Agreement, the division expects reasoned submissions on the applicable law and on the national law relied on, country by country.

Provisions applied

Agreement on a Unified Patent Court

Arts 67 and 89

Rules of Procedure

Rules 104(k), 114 and 125

European Patent Convention

Art. 54(3)

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.