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.
Division
Local Division Mannheim
UPC number
UPC_CFI_365/2023 App_25602/2025
Type of proceedings
Infringement proceedings – Enforcement of the operative part of a judgement
Parties
CLAIMANT:
FUJIFILM Corporation
DEFENDANTS:
Kodak Holding GmbH
Kodak GmbH
Kodak Graphic Communications GmbH
Patent(s)
EP 3 511 174
Jurisdictions
UPC / Germany
Body of legislation / Rules
R.354 RoP R.118.8 RoP
