Willem Hoyng's UPC Unfiltered (AI) Podcast

Prof. Willem Hoyng comments on 15 new UPC decisions. The Court of Appeal takes centre stage this week with major rulings on preliminary injunctions, costs, courtroom transcripts, language requirements, and jurisdiction. In this episode: — Can you file auxiliary requests in PI proceedings? The Court of Appeal says yes — and explains when and how (Onward v Niche). — Rematec won on appeal, then filed...

This week, Prof. Willem Hoyng dives into a flurry of activity at the UPC, where the "doorstep of the court" is proving to be a powerful catalyst for settlements. We explore why the Court of Appeal is taking a strict line on claim interpretation—reminding patent attorneys that listing too many "advantages" in a patent can come back to haunt you during infringement proceedings. We also cover the Pre...

This week, Prof. Willem Hoyng breaks down the 'hot potato' of file wrapper estoppel and why the UPC is still navigating how to use prosecution history in claim interpretation. We also explore the 'attacked embodiment' and how injunctions can reach unknown future products , the high bar for ex parte exhibition raids , and why being an 'unwilling licensee' in SEP negotiations...

This week, Prof. Willem Hoyng breaks down why a damage claim was entirely dismissed under strict German law. We also uncover the strategic trap of UPC preliminary injunctions during settlements, and why you must explicitly plead Article 71b(3) for non-EU jurisdiction. Cases and topics discussed in this episode: 💶 Damages under National Law : German law applied to a damage claim; claim dismissed f...

In this week's episode of the UPC Unfiltered AI Podcast, our digital hosts unpack Prof. Willem Hoyng’s analysis of 10 new decisions for HRM. The Unified Patent Court is moving incredibly fast, and this week brings massive shifts in European patent litigation strategy. We break down the hard legal facts of the rulings and separate them from Prof. Hoyng’s essential practical takeaways. Key Episo...

This week, our digital hosts dive into Prof. Willem Hoyng’s analysis of 14 recent Unified Patent Court (UPC) decisions. In this episode, we cover: 🔒 Public Access vs. Confidentiality: Why you must proactively request Rule 262A protection during active proceedings if you want to shield documents from the public later under Rule 262.2. 💰 Security for Costs: How the Court of Appeal clarified Rule 1...

Welcome to a massive week at the Unified Patent Court. Prof. Willem Hoyng unpacks a packed docket of new decisions, highlighting critical strategic traps every patent litigator needs to know. In this episode, we cover: The Post-Trial Confidentiality Trap: Why your documents aren't automatically safe from public access when the case ends. "Submarine Tactics": A strong critique of fili...

Prof. Willem Hoyng reviews a week of tactical blunders and strict enforcement at the UPC. In this episode: 💥 Stalling Backfires (Van Loon v Inverquark): The defendant tried to play games with confidentiality deadlines. The Court’s response? Releasing the unredacted expert report to the claimant. 🗣️ Stop the Language Swap: Filing in German only to switch to English is a waste of time and money. Pr...

Prof. Willem Hoyng reviews this week’s decisions, focusing on cross-border enforcement challenges, strict confidentiality rules, and the efficiency of settling costs. KEY DECISIONS: 🔹 CROSS-BORDER ENFORCEMENT (FUJIFILM v Kodak - Mannheim LD)The Court held (in an obiter dictum) that UPC decisions concerning non-UPC territories (e.g., the UK) are only enforceable after recognition by local courts....

Our digital hosts discuss Prof. Willem Hoyng’s review of this week’s decisions, identifying critical rulings on confidentiality and appeal procedures. TOP 3 TAKEAWAYS: 🔹 CONFIDENTIALITY: NO "EXTERNAL EYES ONLY" (Sun v Vivo; Ericsson v Asustek - CoA)The Court of Appeal confirmed that the UPC does not accept "External Eyes Only" regimes. The Rule: At least one natural person from a party (e.g., an...

Prof. Willem Hoyng reviews this week’s key decisions, focusing on cross-border jurisdiction, strict validity standards, and the importance of choosing the right venue. In this episode: 🔹 Cross-Border Reach (Labs v GC Aesthetics - Brussels LD): The Court confirms jurisdiction over alleged infringements in non-UPC countries (UK, Switzerland, Spain). Prof. Hoyng warns litigators: if you don't ra...

Prof. Willem Hoyng reviews this week’s decisions with a clear warning: The UPC is front-loaded and unforgiving, and forum choice is becoming a critical strategic variable. In this episode: ⚠️ Front-loading Traps (Ona v Google; Fisher v Flexicare): Too late for indirect infringement: In Ona , a late attempt to argue indirect infringement was refused. If it's not in your Statement of Claim, it&#...

Prof. Willem Hoyng reviews a busy start to 2026, analyzing 13 selected decisions with critical lessons on strategy, procedure, and copyright. In this episode: 🔹 Commercial Access to File (Docket Navigator v Sumi/Syngenta): The Court of Appeal rejects a data platform's request to access case documents for its subscribers. Prof. Hoyng analyzes the "dead letter" risk to Rule 262 and ar...

With the UPC quiet over the holidays, Prof. Willem Hoyng kicks off 2026 by analyzing a major cross-border clash between the US District Court (Waco) and the Munich Regional Court. In BMW v Onesta , the US Court blocked Onesta from pursuing an "anti-anti-suit injunction" in Germany. Prof. Hoyng offers a critique of the dynamics at play. Prof. Hoyng’s Key Takeaways: 🔹 "Judicial Imper...

In this year-end episode, our AI hosts discuss Prof. Willem Hoyng’s take on the final UPC items of 2025. After 866 notes this year, Prof. Hoyng discusses a final two. THIS WEEK’S HIGHLIGHTS: 🔹 Revocation of ex parte inspection order (Düsseldorf LD)The Court revoked an ex parte inspection/seizure order, holding that the application did not provide correct and complete information on necessity. The...

In this week’s episode, our AI hosts unpack Prof. Willem Hoyng’s expert commentary on the key Unified Patent Court decisions from Week 51, 2025. In this episode, we cover: Sanofi v StadaPharm (Munich LD): A critical look at "reasonable expectation of success" regarding inventive step. Prof. Hoyng questions the court's divergence from the EPO Board of Appeal on reasonable expectation...

In this episode covering Week 50 of 2025, our AI hosts unpack Professor Willem Hoyng’s expert analysis of the latest Unified Patent Court decisions. Key highlights include: Controversial PI Decision (LD Düsseldorf): Professor Hoyng strongly disagrees with the ruling in Roche v Menarini , arguing the court was "too liberal" on urgency regarding a product marketed since 2023 and questionin...

In this episode covering Week 49 of 2025, our AI hosts unpack Professor Willem Hoyng’s expert analysis of the latest Unified Patent Court decisions. Key highlights include: Default Judgment re. 🍕 (LD Milan): A delicious twist in patent law. The court grants a default judgment regarding a pizza-making patent, ordering the defendant to post a message on their website. Ex Parte Seizure (LD Düsseldor...

In this jam-packed edition of UPC Unfiltered , we break down a massive week of decisions from the Unified Patent Court, featuring the raw and insightful commentary of Professor Willem Hoyng. This week is headlined by landmark Court of Appeal decisions that redefine how the UPC assesses Inventive Step, moving toward a "holistic" approach. Professor Hoyng also delivers stark warnings regar...

This episode covers important jurisdictional questions regarding FRAND determinations and threatened infringement, as well as a "textbook" guide to handling evidence and confidentiality following inspection orders. Highlights include: FRAND Determination Jurisdiction (LD Paris): Analysis of Sun v VIVO , where the court confirmed its jurisdiction to deal with declarations of FRAND terms....

Catch up on this week’s key UPC rulings as our AI hosts unpack Professor Willem Hoyng’s expert analysis of the decisions from Week 46, 2025. Highlights include: Service on Chinese Defendants (LD The Hague vs. LD Düsseldorf): A detailed look at the contrasting handling of service. While the Düsseldorf Local Division accepted a 5-month delay in PI proceedings ( HP v Rentmeister ), the Hague Local Di...

Catch up on this week’s key UPC rulings as our AI hosts unpack Professor Willem Hoyng’s expert analysis of the decisions from Week 45, 2025. This week was dominated by the Court of Appeal, which issued three significant procedural and substantive rulings. Highlights include: Patent Revocation Confirmed (CoA): In Seoul Viosys v expert klein , the Court of Appeal dismissed the patentee's appeal,...

In this episode (Week 44, 2025), our AI hosts unpack Professor Willem Hoyng’s expert analysis of the latest key UPC rulings. Highlights from this episode include: 🔹 Res Judicata from National Courts (LD Munich): In Heraeus v Vibrantz , the UPC respected a German court’s decision as res iudicata, but still allowed a new invalidity argument (Art. 83 EPC) that wasn't raised nationally. 🔹 Securi...

Catch up on this week’s key UPC rulings as our AI hosts unpack Professor Willem Hoyng’s expert analysis of the decisions from Week 43, 2025. This week features major decisions on the merits where auxiliary requests saved patents, but public interest concerns led to a notable carve-out from an injunction. We also cover key preliminary injunction rulings. Highlights include: Limited Injunction Due t...

Catch up on this week’s key UPC rulings as our AI hosts unpack Professor Willem Hoyng’s expert analysis of the decisions from Week 42, 2025. Highlights include: Enforcement & Penalties (CoA): A deep dive into the Court of Appeal's "must-read" decision in Kodak v FUJIFILM , which laid out a clear framework for dealing with penalty orders and other crucial enforcement issues. Long-...