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UPC Unfiltered, by Willem Hoyng – UPC Decisions Week 35, 2026
In his week-35 roundup, Willem Hoyng highlights the Hamburg Local Division's August 24 judgment in Fraunhofer v HMD, finding the AAC standard-essential patent EP 2 380 167 valid and infringed, rejecting the FRAND defense, and granting an injunction after eight years of unlicensed use. The week also brought notable court-fee rulings: Genevant v Moderna received only a 25% fee refund on settlement, while Malikie v Xiaomi received the standard 50%.
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Issa Hesitant to Renew USPTO Fee-Setting Authority Amid PTAB Changes
At a September 2 oversight hearing, House IP Subcommittee Chairman Darrell Issa questioned whether renewal of the USPTO's fee-setting authority under the America Invents Act should be conditioned on reforming Director John Squires' expanded discretionary denial practice at the PTAB. Congress approved a short-term extension through December 12. Four witnesses backed renewal but split on conditions, and all urged reconstituting the disbanded Patent Public Advisory Committee.
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New Rules Taking Effect in September: Amended Copyright Judicial Interpretation Ends Free Press Reposting Online
The Supreme People's Court's Decision amending the Interpretation on copyright civil disputes took effect September 1, 2026. It narrows the statutory license for press reposting to approved paper newspapers and periodicals and their identical digital versions, requires permission and remuneration for online reposting, clarifies that "making public" means disclosure to unspecified persons regardless of actual public awareness, and aligns the fair-use rule for artworks in public places with the 20
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UPC Unfiltered, by Willem Hoyng – UPC Decisions Week 34, 2026
In 'UPC Unfiltered' for week 34 of 2026, published August 24, Willem Hoyng of Ho
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Commenters Split on USPTO Proposal to Require RPI Disclosure for Reexams
Following the USPTO's July 2026 notice of proposed rulemaking requiring third-party requesters for ex parte reexamination (EPR) to identify all real parties in interest (RPIs), 26 comments filed before the August 21 deadline reveal a sharp divide. Eight of 17 organizations outright oppose the proposal, arguing Congress deliberately made reexam available to "any person" with anonymity protections, while supporters say the Office cannot police statutory estoppel without knowing RPI identities.
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