All eyes on Paris as KeeeX case on the merits against Adobe and OpenAI kicks off

On 17 June 2025, KeeeX brought a patent infringement action before the Paris local division of the UPC. The defendants filed counterclaims seeking revocation of the patent (case IDs: UPC_CFI_530/2025, UPC-CFI-0000003/2026, UPC-CFI-0002285/2025, UPC-CFI-0002281/2025 and UPC-CFI-0002274/2025).

The dispute concerns EP 2 949 070, held by KeeeX. It relates to a method for verifying the integrity and authenticity of digital data blocks — in simplified terms, whether digital content remains unchanged in the relevant respect and can be verified. KeeeX alleges that Adobe and OpenAI entities, Truepic, the Joint Development Foundation, and the Coalition for Content Provenance and Authenticity (C2PA) use patented features in digital tools for checking or processing content.

Presiding judge and judge rapporteur Camille Lignières, legally qualified judges Carine Gillet and Peter Tochtermann as well as technically qualified judge Alessandro Sanchini hear the case.

The central technical dispute concerns claim 1 and what its term “digital identification fingerprint” means. KeeeX distinguishes it from a digital signature; the defendants argue for a broader interpretation. The parties also dispute the meaning of “digital data block,” how the fingerprint is calculated, and how linked data blocks are checked. The defendants challenge the patent’s validity, citing, among other things, KANAI, OpenPGP, and the PDF standard. KeeeX defends the patent as granted and has submitted amended claim sets in the alternative. According to an order of 22 September 2026, these issues remain to be decided on the merits.

Highest demand for damages

So far, orders of the UPC have centered on several side issues. In November last year, the Paris local division rejected objections to its jurisdiction, a decision, that was partly overturned in appeal. Earlier this year the Court of Appeal clarified that the UPC does not have jurisdiction to decide the alleged infringement of the Swiss, Spanish, British, Irish, Norwegian, and Polish parts of the patent.

A further order from June 2026 focused on the question of interim damages. KeeeX initially sought €5.6 billion for material damage and €1 billion for non-material damage. It is one of the highest damages so far demanded in a UPC case.

Any final determination of damages is to take place, if necessary, in separate proceedings. In the current proceedings, the patent holder instead seeks €100 million plus €20 million in interim damages. The Paris division allowed this claim to proceed as a procedural matter, in summer the Court of Appeal rejected Adobe’s request for discretionary review.

Amendment refused

In late June, the first-instance court refused to admit a further KeeeX request to amend the patent. It also refused to let the claimant extend their infringement claim at that late stage to two additional accused products, “Truepic Lens” and “Script Truepic Display”. Much of KeeeX’s late infringement submissions was excluded, although certain responses and summary claim charts were admitted. The division upheld these rulings on 29 July.

Furthermore, the question of security for legal costs was discussed. KeeeX was initially ordered to provide €200,000 in security. Adobe’s attempt to obtain a default judgment because the bank guarantee had initially not been supplied in the required form failed. Adobe’s immediate appeal concerning the amount of the security was dismissed as inadmissible. In July, the Paris local division increased the security by €100,000, bringing it to €300,000 in total.

In addition to the UPC proceedings, Adobe as the only defendant has also filed a nullity action at the German Federal Patent Court (case ID: 6 Ni 61/25).

French law firms at the front

In this case, which is heard in French, most of the parties rely on teams based in France.

French full service law firm Fidal is representing claimant KeeeX in the UPC case. IP counsel Thibaud Lelong based in Strasbourg is listed as main representative in the court files.

Adobe has instructed a French-German team of Paris-based firm Duclos, Thorne, Mollet-Viéville and the Düsseldorf office of Powell Gilbert. DTMV’s IP partner Thomas Cuche and renowned patent litigator Andreas Kramer of Powell Gilbert work closely together. Kramer, who among other things pleaded the question of long-arm jurisdiction, represented Adobe before during his time at Vossius & Partner. He brought the client with him when he opened the Düsseldorf office for Powell Gilbert last year. The team at the UPC included of counsel Hannes Obex and associate Andreas Ditler.

David Por of Clifford Chance represents the OpenAI entities. He has experience in patent litigation for tech firms and has worked for companies such as Google and Nokia in the past. He joined Clifford Chance last year from A&O Shearman.

Benjamin May of Jeantet acts for defendant Truepic. He also moved firms at the beginning of 2025, together with a majority of the team of Aramis. In the UPC case he led with partner Frédéric Sardain, with assistance from associate Pauline Choupot.

Only Joint Development Foundation Projects and C2PA have not instructed a French team and bank on the German patent practice of Herbert Smith Freehills Kramer with Düsseldorf-based Philipp Cepl in the lead. He recently joined the firm from DLA.