Week 38 — FRAND Value, Late Evidence & UPC Procedural Discipline

About this episode

This week, our AI hosts break down Prof. Willem Hoyng’s expert commentary on a broad set of new Unified Patent Court decisions, with a strong focus on SEP and FRAND claims, court-fee reimbursement, late-filed evidence, procedural flexibility, declarations of non-infringement, stays, res judicata, and substantive infringement and revocation strategy. In this episode, we cover: 📡 SEP Settlements, FRAND Claims & Court Fees: Key decisions address FRAND-specific claims, the value of SEP proceedings, rate-setting issues and reduced reimbursement of court fees where cases required substantial court work. ⚖️ Late Evidence, R. 190 & Front-Loaded Procedure: The week highlights late technical reports, R. 190 evidence requests and R. 361 clear-cut dismissal requests. 🧩 DNI Actions, Stays & Substantive Defences: Several cases examine declarations of non-infringement, preliminary objections, stays after EPO developments, res judicata, prior use rights, intermediate generalisation, inventive step, and infringement in non-UPC territories. 📖 Read the full written analysis here: HOYNG ROKH MONEGIER: UPC Unfiltered, by Willem Hoyng – UPC decisions week 38, 2026 🔍 Explore the case law and Un