Key takeaways
Pre-emptive enforcement warning rejected
Applications for advance warnings of penalties for non-compliance are likely to be rejected if the court has already exercised discretion on enforcement.
The claimant’s request for a warning of daily penalties was denied, as the court had already decided not to set such terms in the main proceedings.
Time period for the provision of accounting and amount of penalty to be addressed in application to impose penalties.
Critics on timing and the provision of information in enforcement proceedings need to be addressed in an application to impose penalties if the court has exercised its discretion not to include respective requirements in its order.
Division
Local Division Mannheim
UPC number
UPC_CFI_365/2023, App_20512/2025
Type of proceedings
Post-judgment enforcement (application for enforcement warning)
Parties
Claimant: FUJIFILM Corporation
Defendants: Kodak GmbH, Kodak Graphic Communications GmbH, Kodak Holding GmbH
Patent(s)
EP 3 511 174
Body of legislation / Rules
Rule 191 RoP, Art. 67 UPCA
