1. Key takeaways
The UPC has jurisdiction to decide upon the infringement
of the UK part of a European
Patent
This applies as far as the infringement action relates to acts infringing the UK national part of the patent-in-suit. Whether infringement is given and an injunction and/or other measures can be granted has to be assessed under UK law.
The defendant in an infringement action before the UPC,
which relates to the UK part
of a European bundle patent, is allowed to raise an invalidity
defence without being
obliged to file a national action for revocation in the
UK
The UPC will then assess the validity as a mere prerequisite for infringement. The UPC does, however, not have jurisdiction to revoke the validated national part of a European Patent in relation to the United Kingdom with erga omnes effect.
2. Division
Local Division Mannheim
3. UPC number
UPC_CFI_365/2023
4. Type of proceedings
Infringement and Counterclaim for revocation proceedings
5. Parties
CLAIMANT:
FUJIFILM
DEFENDANTS:
Kodak Holding GmbH
Kodak GmbH
Kodak Graphic Communications GmbH
6. Patent(s)
EP 3 511 174
7. Jurisdictions
UPC and UK
8. Body of legislation / Rules
Art. 4(1) Brussels Ia Regulation; Art. 71b Brussels Ia Regulation; Art. 31 UPCA; 34 UPCA
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
