Week 09, 2026: Late Evidence, Security Costs, and Procedural Pitfalls

This week, our digital hosts dive into Prof. Willem Hoyng’s analysis of 14 recent Unified Patent Court (UPC) decisions.

In this episode, we cover:

• 🔒 Public Access vs. Confidentiality: Why you must proactively request Rule 262A protection during active proceedings if you want to shield documents from the public later under Rule 262.2.

• 💰 Security for Costs: How the Court of Appeal clarified Rule 158.1, confirming that a properly structured insurance policy can replace a traditional bank guarantee.

• ⚖️ Auxiliary Requests: A breakdown of the strategic pitfalls and dangers of filing numerous requests to cure added matter.

• ⏱️ Procedural Strictness: The Court's increasingly rigid approach to deadlines—including the rejection of late-filed physical evidence, the refusal of unjustified suspensive effects, and the strict enforcement of the 15-day deadline for leave to appeal.

• 🤝 Representation Rights: A crucial reaffirmation of the UPCA framework, confirming that patent attorneys hold equal representation rights to lawyers, including full access within confidentiality clubs.

📖 Read the full written analysis here: https://www.hoyngrokhmonegier.com/news-insights/detail/upc-unfiltered-by-willem-hoyng-upc-decisions-week-09-2026Disclaimer: This is an AI-generated podcast. The commentary and legal opinions reflect the personal views of Prof. Willem Hoyng.