Pleading the Long Arm: Winning Jurisdiction is Not Winning the Patent Case
Winning the jurisdiction argument in a long-arm case is not the same as having a claim. On 2 June 2026 the UPC Court of Appeal confirmed that the Mannheim Local Division had been right to hear Fujifilm’s infringement claim on the UK designation of its European patent against Germ
WISECODE Take
Many business owners mistakenly believe that winning jurisdiction in cross-border patent litigation is half the battle. In fact, gaining court access is entirely different from winning damages. In the UPC Court of Appeal's decision in Fujifilm v. Kodak on 2 June 2026, the court upheld jurisdiction over the UK patent but ultimately dismissed the infringement claim because Fujifilm failed to prove joint tortfeasorship under UK law, ordering Fujifilm to compensate Kodak for enforcement damages. For multinational business owners, we recommend a patent portfolio checkup before litigation to clarify local substantive laws. First, clarify specific infringing acts in each country before filing. Second, factor the risk of compensating the defendant's enforcement losses into your budget.
Original sources
Compiled automatically by WISECODE IP Radar. Summaries are short source excerpts; commentary is AI-generated. See the source links for full text.
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