1. Key takeaways
Penalties should be proportionate to the value of the dispute and the level of non-compliance
The Court considered the proportionality of the penalties in relation to the value of the dispute (€15,000,000) and the defendants' actions. The penalty system aims to encourage compliance while allowing for increasing sanctions for continued violations.
Neither R. 354.3 or .4 RoP explicitly require a warning by the Court prior to imposing penalties
If the decision on the merits unambiguously states that the imposition of penalties may be the court's reaction to disobedience with the operative part of the judgement, a prior warning is not required to impose penalties.
2. Division
Local Division Mannheim
3. UPC number
UPC_CFI_365/2023 App_25602/2025
4. Type of proceedings
Infringement proceedings – Enforcement of the operative part of a judgement
5. Parties
CLAIMANT:
FUJIFILM Corporation
DEFENDANTS:
Kodak Holding GmbH
Kodak GmbH
Kodak Graphic Communications GmbH
6. Patent(s)
EP 3 511 174
7. Jurisdictions
UPC / Germany
8. Body of legislation / Rules
R.354 RoP R.118.8 RoP
LD Mannheim, July 23, 2025, order on penalty payments, UPC_CFI_365-2023
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.
