Week 18 — PI Discipline, Procedural Fairness, & the Limits of Flexibility

This week, our AI hosts break down Prof. Willem Hoyng’s expert commentary on a wide range of new decisions from the Unified Patent Court, with a clear focus on procedural discipline, case management, and the practical realities of UPC litigation.In this episode, we cover:⚖️ PI Proceedings & Claim Interpretation: A detailed look at Stratasys v Bambulab, where the Hague Local Division refused a PI based on a narrow interpretation rooted in prosecution history and enforced strict procedural discipline.📄 Suspensive Effect & Evidence Production: The Court of Appeal in Polytechnik v Dall confirms that suspensive effect is exceptional and reinforces the importance of early confidentiality planning in disclosure orders.🧩 Auxiliary Requests & Revocation Strategy: Teleflex v Speedcare raises important questions about the limits of auxiliary request practice at the UPC and the risks of importing EPO-style approaches into litigation.⏱️ Deadlines, Mistakes & Procedural Fairness: In Optopol v Topcon, the Court of Appeal confirms that genuine procedural errors can be corrected, but also underlines the importance of diligence and proportionality.🛠️ Judge-Rapporteur & Case Management: Dai Nippon v Zapp and Cup&Cino v Alpina illustrate the central role of the Judge-Rapporteur in maintaining procedural order - and what happens when parties fail to follow the Rules.💰 Security for Costs & Litigation Reality: In Suinno v Microsoft and Adobe v Keeex, the Court of Appeal clarifies both the purpose of security for costs and the strict approach to appeal admissibility and deadlines.🔍 Equivalence & Substantive Patent Law: AIM Sport v TGI provides insight into the UPC’s evolving approach to equivalence, highlighting ongoing uncertainty and debate around the appropriate legal test.📖 Read the full written analysis here: https://www.hoyngrokhmonegier.com/news-insights/detail/upc-unfiltered-by-willem-hoyng-upc-decisions-week-18-2026🔍 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.