2025-04-02 - LD Mannheim - Fujifilm v. Kodak - UPC_CFI_365/2023
- Aktenzeichen:
- UPC_CFI_365/2023
- Datum:
- Spruchkörper:
- Court of First Instance - Mannheim (DE) Local Division
- Art:
- Order
- Parteien:
- Fujifilm Corporation v. Kodak GmbH, Kodak Graphic Communications GmbH, Kodak Holding GmbH
Kernaussage: The Mannheim LD found infringement (direct and indirect) of EP 3 511 174 by Kodak's SONORA XTRA-3 printing plates and dismissed the counterclaim for revocation in its entirety.
2025-04-02 - LD Mannheim - Fujifilm
v.
Kodak - UPC_CFI_365/2023
notable
The Mannheim LD found infringement (direct and indirect) of EP 3 511 174 by Kodak's SONORA XTRA-3 printing plates and dismissed the counterclaim for revocation in its entirety. The court held that the UPC has no jurisdiction over national EP parts that lapsed before 1 June 2023, restricting the action to Germany. On validity, novelty was upheld over two prior art documents, inventive step was maintained (no motivation to focus on specific examples from EP'452's table of 30), and added matter was denied. Both public prior use (implicit confidentiality regime) and private prior use under Art. 28 UPCA / § 12 German PatG (no firm and final business decision before priority date) were rejected. The court applied strict front-loading requirements, barring new facts in the rejoinder.
Nichtigkeitsgründe
Art. 138 EPCNovelty
Patent survived (this ground)Art. 54 EPC · Art. 138(1)(a) EPC
“Novelty attacks over WO 379 and EP 452 both rejected.”
Inventive Step
Patent survived (this ground)Art. 56 EPC · Art. 138(1)(a) EPC
“No motivation to focus on examples 3, 11, 12 from 30 examples.”
Added Matter
Patent survived (this ground)Art. 123(2) EPC · Art. 138(1)(c) EPC
“Feature 1.6 directly and unambiguously disclosed.”