Week 4, 2026: Cross-Border Reach, Added Matter, & The Suspensive Effect Trap (Week 4, 2026)

Prof. Willem Hoyng reviews this week’s key decisions, focusing on cross-border jurisdiction, strict validity standards, and the importance of choosing the right venue.

In this episode:

🔹 Cross-Border Reach (Labs v GC Aesthetics - Brussels LD):The Court confirms jurisdiction over alleged infringements in non-UPC countries (UK, Switzerland, Spain). Prof. Hoyng warns litigators: if you don't raise a jurisdiction objection properly, the Court won't do it for you.

🔹 PI Rejected (Guardant v Sophia - Paris LD):

• Added Matter: The Court refused a PI, ruling the patent likely invalid. It clarified that finding claim elements "scattered" across a description is not enough—the specific combination must be disclosed.

• Urgency: A 3-month delay in filing was accepted as reasonable for complex technology, a view Prof. Hoyng praises as "realistic."

🔹 Suspensive Effect & Default Judgments (Applicant v Amycel - CoA):The Court of Appeal rejected a request to suspend a default judgment requiring the defendant to publish a ruling online. The takeaway? "Irreversible consequences" alone are not enough to stop enforcement; the decision must be "manifestly erroneous."

📖 Read the full written analysis:[Link]

Disclaimer: This podcast uses AI-generated voices. The commentary reflects Prof. Willem Hoyng’s personal views.

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