Week 45 — Injunction Enforcement, Cost Recovery, & Confidentiality

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 injunctions pending appeal, procedural fairness, litigation costs, confidentiality protections, evidentiary standards, and claim interpretation. In this episode, we cover: ⚖️ Injunctions, Appeals & Procedural Fairness: Key decisions examine the circumstances for suspending injunctions pending appeal, the consequences of EPO revocation, the requirements for valid service and default judgments, and urgency in PI proceedings. 💶 Cost Recovery & Procedural Discipline: Important Court of Appeal guidance addresses the timing of cost proceedings, the need to substantiate reasonable and proportionate legal costs, cost allocation in revocation proceedings, and the importance of observing appeal deadlines. 🔒 Confidentiality, Evidence & Claim Interpretation: The week clarifies how confidentiality protections must be requested and maintained, while exploring functional claim interpretation, strict requirements for proving prior public use, and the assessment of patent validity and infringement. 📖 Read the full written analysis here: HOYNG ROKH M