UPC Unfiltered, by Willem Hoyng - UPC Decisions Week 40, 2026

Professor Willem Hoyng, chair of the UPC Advisory Board, published his weekly UPC Unfiltered commentary on October 5, 2026, covering decisions released by the Unified Patent Court in week 40. On fees, the Court of Appeal's judge-rapporteur in NVIDIA v BF held that parties must pay appeal court fees based on the value of the litigation established at first instance and cannot unilaterally change that value; disagreements belong in the Statement of Grounds for Appeal. Taking account of payment mistakes, the court ordered a refund of 2,940 euros to NVIDIA.

The Court of Appeal also issued a pair of rulings on reinstating the right to appeal conditional counterclaims for revocation under Rule 320 RoP. In NVIDIA v BF, where the first-instance court had not decided the counterclaim after finding no infringement, the court granted reinstatement and set a one-month response deadline, noting the arguments were already developed. In Keysight v Centripetal, reinstatement was likewise granted over the opponent's resistance, with a full three-month response period running from the grounds of appeal. Hoyng's advice: always appeal a conditional counterclaim in time rather than waiting for the other side to appeal the infringement decision - the appeal fee is only payable if the other party does appeal.

In Hurtel v Philips/Belkin, a Polish third party seeking access to appeal pleadings was told to refile its request in German, the language of the main proceedings. Hoyng criticizes the decision as unfriendly to users, arguing that access requests under Rule 262 RoP are separate proceedings and should practically be usable in English, and renews his proposal that access become automatic after proceedings conclude unless a party objects.

The week also saw the Munich Local Division encourage mediation in Swarco v Yunex after the case resumed following central limitation proceedings, the Court of Appeal refuse further pleadings on late-filed evidence in Emboline v AorticLab, a settlement ending NovaCloud v Amazon with each side bearing its own costs and a litigation value set at 5 million euros, and the Court of Appeal refuse a stay in Canfield v Quantificare, holding that parallel Central Division revocation proceedings brought by a third party are not special circumstances justifying a stay.

Original Link: https://www.hoyngrokhmonegier.com/news-insights/detail/upc-unfiltered-by-willem-hoyng-upc-decisions-week-40-2026