Patent Dispute Takeaways From Ruling in Kodak Appeal Law360

Partners Tim Powell and Hiroshi Sheraton and associate Kulraj Singh Bhangra co-authored an Expert Analysis for Law360 examining the Unified Patent Court (UPC) Court of Appeal’s decision in Fujifilm v. Kodak and its implications for cross-border patent litigation. The article explores how the ruling expands the UPC’s jurisdiction over infringement claims involving non-UPC designations of European patents where a defendant is domiciled in a UPC-contracting member state.

The authors analyze the court’s reasoning on jurisdiction, including its distinction between accepting and exercising jurisdiction, and discuss the strategic considerations the decision creates for patentees and defendants. They also examine the practical implications for multinational businesses, including how the ruling may influence cross-border enforcement strategies, litigation risk assessments, and supply chain planning in disputes involving European patents.

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