EPISODE · Nov 24, 2025 · 11 MIN
Week 47 2025: FRAND Jurisdiction, "Useless" Objections, & Saisie Confidentiality
from Willem Hoyng's UPC Unfiltered (AI) Podcast · host HOYNG ROKH MONEGIER
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. Professor Hoyng argues that the Court can and should set FRAND terms if parties disagree, particularly when injunctions are at stake.Preliminary Objections Rejected (LD Lisbon): A look at Boehringer v Zentiva, where the court confirmed jurisdiction over threatened infringement, rejecting arguments that the threat relied solely on an administrative act. Prof. Hoyng praises the court's legal understanding while criticizing the filing of "useless" objections.Saisie & Confidentiality (LD Düsseldorf): A deep dive into OTEC v STEROS and Bekaert v Siltronic. These decisions illustrate the correct procedural handling of expert reports from inspection orders, including strict deadlines for confidentiality requests and the management of redacted information.Withdrawal Due to Non-Existent Defendant (LD Düsseldorf): A cautionary tale from Leap Tools v Wizart, emphasizing the importance of verifying a defendant's existence and address before initiating service.Read the full analysis by Prof. Hoyng:https://www.hoyngrokhmonegier.com/nl/nieuws/detail/upc-unfiltered-by-willem-hoyng-upc-decisions-week-47-2025 Disclaimer: Podcast uses AI-generated voices—minor inaccuracies may occur.
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Week 47 2025: FRAND Jurisdiction, "Useless" Objections, & Saisie Confidentiality
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