Week 36 — Enforcement Risk, Intermediary Liability & Procedural Control
Description
This week, our AI hosts break down Prof. Willem Hoyng’s expert commentary on a focused set of new Unified Patent Court decisions, with a focus on enforcement pending appeal, penalty sums, suspensive effect, intermediary liability, evidentiary seizures, late arguments, security for costs, and access to court documents.
In this episode, we cover:
⚖️ Enforcement, Penalty Sums & Suspensive Effect: Key decisions address withdrawal of penalty requests, rehearing applications, enforcement risk after appeal, repayment of penalties, and the UPC’s strict approach to suspensive effect.
🌍 Intermediaries, Jurisdiction & Infringement Strategy: The week highlights intermediary liability, UK-related infringement, auxiliary requests, revocation strategy, and the consequences of litigating around non-EU actors.
🔍 Evidence, Access & Procedural Discipline: Several cases examine evidentiary seizures, employee questioning, late arguments, R. 190 evidence requests, security for costs, interpreters, and the need for timely and well-substantiated procedural applications.
📖 Read the full written analysis here: HOYNG ROKH MONEGIER: UPC Unfiltered, by Willem Hoyng – UPC decisions week 36, 2026
🔍 Explore the case law and Unfiltered Commentary on our UPC Intelligence Platform: https://upcintelligence.hoyngrokhmonegier.com/
Disclaimer: This post and the podcast are AI-generated. The commentary reflects Prof. Willem Hoyng’s personal views.




