Week 43 — SEP Injunction Risk, Claim Construction & Late Evidence

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 focus on Arrow declarations, SEP and FRAND litigation, preliminary opinions, patent validity, claim construction, late-filed evidence, and the practical consequences of UPC case management. In this episode, we cover: ⚖️ Arrow Declarations, Divisional Patents & Legal Certainty: A significant decision in Sandoz v Novo Nordisk addresses the UPC’s competence to entertain Arrow declarations, the potential abuse of divisional patent strategies, and the protection of legal certainty against future patent claims. 📡 SEP Litigation, FRAND & Preliminary Opinions: Key decisions examine implementer willingness, FRAND defences, the risk of SEP injunctions, patent invalidity in SEP disputes, and the increasingly important role of preliminary opinions and active case management in preparing oral hearings. 🔍 Claim Construction, Late Evidence & Patent Validity: The week highlights important Court of Appeal guidance on admitting previously rejected evidence, novelty based on reverse-engineering known products, dependent claims, inventive step, infringement by eq