Case Law Clarity

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9 July 2026

UPC jurisdiction over UK designations and conditional infringement relief in Fujifilm v Kodak

In the case of Kodak vs. Fujifilm concerning EP 3 511 174 on 2 June 2026 before the Court of Appeal of the Unified Patent, the Court of Appeal addressed the UPC’s jurisdiction over the UK designation of a European patent. The decision is important because it applies the CJEU’s reasoning in BSH v Electrolux to a non-UPC and non-EU designation, while separating jurisdiction for infringement from jurisdiction for revocation.

2 July 2026

Claim interpretation and the inescapable trap in T 0837/24

In T 0837/24 (8 December 2025), the Board considered how far a technically meaningful interpretation of a claim must be taken into account when assessing added subject-matter and extension of protection. The decision is notable for its treatment of claim construction after G 1/24, and for its finding that an inconsistent first-instance decision may amount to “exceptional circumstances” under Article 13(2) RPBA.

Case Law Clarity

UPC jurisdiction over UK designations and conditional infringement relief in Fujifilm v Kodak

Claim interpretation and the inescapable trap in T 0837/24

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