Week 12, 2026 - The File Wrapper "Hot Potato," Exhibition Raids & Unwilling Licensees

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 is a shortcut to an injunction.🖼️ Exhibition Injunctions: Preliminary injunction granted ex parte at EuroShop; delivery of infringing modules to a bailiff for safekeeping. (LD Düsseldorf, beMatrix v Yaham)⚖️ Infringement & Future Products: How a claimant can seek an injunction covering unknown future products that essentially correspond to the technical features of the attacked embodiment. (LD Munich, NST v Qualcomm)📜 The File Wrapper Dilemma: Using statements from patent prosecution as evidence of how a skilled person interprets claim terms, despite the UPC's ongoing struggle with the role of the file wrapper. (LD Munich, BFexa QC v NVIDIA)🛡️ Security for Costs: Legitimate concerns over an SME's financial status lead to a €75,000 security order, even if the claimant is not based in the EU. (CD Milan, La Siddhi v Athena)🏹 Devoid of Purpose: Why a revocation action is disposed of after an EPO revocation, and the limits of seeking declarations regarding divisional patents. (CD Milan, Neurocrine v Spruce)📡 SEP & FRAND Tactics: Injunction granted against an 'unwilling' implementer who provided evasive answers to licensing offers and failed to make a counteroffer. (LD Düsseldorf, Dolby v Beko)🔍 Ex Parte Scrutiny: The Court of Appeal rejects an appeal regarding an ex parte inspection order where the applicant provided ambiguous or incomplete information to the Court. (CoA, Ecovacs v Roborock)🏗️ Corrective Measures: A debate on whether the destruction of promotional materials should be ordered alongside the destruction of infringing products. (LD Düsseldorf, CUP&CINO v ALPINA)📖 Read the full written analysis here: ⁠⁠⁠https://www.hoyngrokhmonegier.com/news-insights/detail/upc-unfiltered-by-willem-hoyng-upc-decisions-week-12-2026⁠⁠⁠Disclaimer: This is an AI-generated podcast. The commentary reflects Prof. Willem Hoyng’s personal views and does not constitute legal advice.