EPISODE · Jan 5, 2026 · 13 MIN
UPC Unfiltered – Week 1, 2026: BMW v Onesta & Judicial Imperialism
from Willem Hoyng's UPC Unfiltered (AI) Podcast · host HOYNG ROKH MONEGIER
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 Imperialism": Prof. Hoyng argues that the Munich Court is overreaching by granting injunctions on US patents, a move he characterizes as "judicial imperialism" that risks international friction.🔹 The Bifurcation Trap: He warns that applying German bifurcation rules to foreign patents creates an "ideal forum" for NPEs to leverage "weak" patents before validity is tested.🔹 A Call for Comity: Prof. Hoyng suggests EU courts should generally avoid adjudicating non-European patents, noting that the current attitude invites unavoidable counter-reactions from foreign courts.Tune in for the first episode of the year! 🥂📖 Read the full analysis:https://www.hoyngrokhmonegier.com/news-insights/detail/upc-unfiltered-by-willem-hoyng-upc-decisions-week-01-2026Disclaimer: This podcast uses AI-generated voices. The commentary reflects Prof. Hoyng’s personal views.#UPCUnfiltered #UnifiedPatentCourt #PatentLitigation #WillemHoyng #BMWvOnesta #PatentLaw
What this episode covers
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 Imperialism": Prof. Hoyng argues that the Munich Court is overreaching by granting injunctions on US patents, a move he characterizes as "judicial imperialism" that risks international friction.🔹 The Bifurcation Trap: He warns that applying German bifurcation rules to foreign patents creates an "ideal forum" for NPEs to leverage "weak" patents before validity is tested.🔹 A Call for Comity: Prof. Hoyng suggests EU courts should generally avoid adjudicating non-European patents, noting that the current attitude invites unavoidable counter-reactions from foreign courts.Tune in for the first episode of the year! 🥂📖 Read the full analysis:https://www.hoyngrokhmonegier.com/news-insights/detail/upc-unfiltered-by-willem-hoyng-upc-decisions-week-01-2026Disclaimer: This podcast uses AI-generated voices. The commentary reflects Prof. Hoyng’s personal views.#UPCUnfiltered #UnifiedPatentCourt #PatentLitigation #WillemHoyng #BMWvOnesta #PatentLaw
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UPC Unfiltered – Week 1, 2026: BMW v Onesta & Judicial Imperialism
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