Case by Case | Court of Appeal confirms retroactive effect of overturned UPC judgments, having no legal effect for enforcement purposes

Eden Winlow speaks on a Court of Appeal (CoA) decision today.The CoA set aside penalty orders requiring Kodak to pay €1.72 million for alleged non-compliance with an earlier infringement judgment in favour of Fujifilm. The appeal followed the Court’s earlier decision on the merits, in which the Mannheim Local Division’s (LD) infringement judgment was overturned and Kodak was found not to infringe because it could rely on a private prior use right, previously reported here and here.If you have any feedback, questions, or comments, please email us at [email protected] all the episodes as we release them here. Follow us on LinkedIn.