Week 40 — Conditional Counterclaims, Appeal Strategy & UPC Case Management

About this episode

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 conditional counterclaims, appeal strategy, reinstatement, late evidence, interim conferences, litigation value, settlement pressure, access to pleadings, and stays pending parallel revocation proceedings. In this episode, we cover: 🔁 Conditional Counterclaims & Appeal Timing: Key Court of Appeal decisions clarify how defendants must protect conditional counterclaims for revocation on appeal, including reinstatement requests after earlier uncertainty in the case law. ⚖️ Late Evidence, Interim Conferences & Procedure: Several decisions address late-filed material, appeal case management, interim conference discipline and the need for concise, timely procedural requests. ⏸️ Stays, Settlements & Parallel Revocation Strategy: The week also highlights settlement after written proceedings, litigation value in appeal, access-request language issues, mediation, submarine-patent settlement pressure, and refusal to stay appeal proceedings merely because a third party has started a parallel revocation action. 📖 Read the full written analysis