Kodak v Fujifilm: Europe UPC Court of Appeal Sets Clear Rules, NO €100,000 Penalty!

On 14 October 2025, the Court of Appeal of the Unified Patent Court delivered a landmark decision in Kodak v Fujifilm (UPC_CoA_699/2025) that reshapes enforcement proceedings under the UPC. The court clarified that financial penalties cannot be imposed on parties for failing to comply with court orders unless a formal penalty order has been issued first.

This decision reinforces the principle of due process in patent enforcement: parties must receive a clear warning before facing financial consequences. The Court of Appeal emphasized that there are no shortcuts—courts cannot bypass formal procedures when imposing fines. The ruling provides greater certainty and protection for parties involved in UPC enforcement proceedings and sets a clear precedent for how penalty payments must be handled in future cases.
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