In a patent dispute between Fujifilm and Kodak (CFI 365/2023, 18 July 2025),the European Unified Patent Court (UPC) has determined that Fujifilm's UK patent has been infringed by three Kodak defendants based in Germany and has also issued an injunction prohibiting infringing activities in the UK. This may come as a surprise, as the UK is not part of the UPC (a new one-stop-shop patent litigation system for European patents which commenced in June 2023 with 18 EU members participating), but this is part of a trend of the UPC taking jurisdiction wherever possible.
The possibility that the UPC would exercise jurisdiction beyond the borders of its participating states has been much discussed in theory but it only recently occurred in practice for the first time, with other cases being taken in relation to allegedly infringing acts in Switzerland and Spain (also not members of the UPC). It remains to be seen how the awards of these injunctions play out in practice. It is clear however that businesses with operations in Europe need to be aware of the risk that they could be drawn into patent litigation in the UPC, whether or not they are intending to use it as a forum in which to assert their own patents.
To better understand the risks and opportunities that the UPC presents, read our latest briefing The UPC – Two years on.
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.
