On 18 July, in what was a landmark ruling in European patent litigation, the Mannheim Local Division of the Unified Patent Court (UPC) granted a permanent injunction covering the UK, after first finding that the UK part of a European patent was valid and infringed (Kodak v Fujifilm, UPC_CFI_365/2023, 18 July 2025).
What makes this decision notable is that it is the first time that the UPC has applied the decision of the CJEU in BSH Hausgeräte vs Electrolux to its ultimate conclusion, i.e. to the issuance of the injunction in a country where the UPCA is not in-force.
In BSH Hausgeräte vs Electrolux, the CJEU held that a court of an EU Member State can consider the validity of patents granted for "third states" (i.e. states that are not party to the Brussels I bis Regulation or the Lugano Convention, such as the UK) during infringement proceedings brought against defendants domiciled in the EU Member State, but that the validity finding has only inter partes effect.
In the present case, all three of the defendants were domiciled in Germany. So, applying BSH Hausgeräte vs Electrolux, the Mannheim LD concluded that the UPC has jurisdiction to consider the validity of the UK part of the European patent as a prerequisite for infringement.
The UK injunction issued by the Mannheim LD will be enforced by the imposition of a penalty payment to be paid by the German defendants. Thus, it seems that the UK courts will not need to be involved for the injunction to be enforced.
For our full analysis of the decision, please refer to our briefing.
J A Kemp LLP acts for clients in the USA, Europe and globally, advising on UK and European patent practice and representing them before the European Patent Office, UKIPO and Unified Patent Court. We have in-depth expertise in a wide range of technologies, including Biotech and Life Sciences, Pharmaceuticals, Software and IT, Chemistry, Electronics and Engineering and many others. See our website
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