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UPC-COA-0000028/2026

Kodak GmbH, Kodak Graphic Communications GmbH , Kodak Holding GmbH v. Fujifilm Corporation

Date
2026-08-03
Division
Luxembourg (LU)
Type of action
Appeal
Language
EN

Metadata

Case IDUPC-COA-0000028-2026-dd3d935d405c
Case numberUPC-COA-0000028/2026
Registry numberUPC-COA-0000028/2026
Order reference
Keywords
Headnotes

Documents and full text

Extractor: pypdf | Pages: 6

ORDER of the Court of Appeal of the Unified Patent Court issued on 3 August 2026 concerning enforcement HEADNOTES 1) The revocation under Art. 75(1) UPCA and R. 242.1 RoP of an order of the Court of First Instance granting a permanent injunction will, as a general rule, have retroactive effect. The revoked order must therefore be regarded as never having had any legal effect. It follows that the revocation of an order subject to a recurring penalty removes the legal basis for any subsequent decision ordering the payment of a penalty, even if that decision relates to alleged breaches of the order prior to the revocation. 2) It follows from R. 370.6 RoP that it is the interest of the party that initiated the action before the Court of First Instance that needs to be considered. The value of  ...