Week 11, 2026 - Damages under National Law, Settlement Traps & Cross-Border Jurisdiction

About this episode

Prof. Willem Hoyng discusses the dismissal of a damage claim under German law and explores strategic considerations in UPC preliminary injunctions and jurisdiction issues.

This week, Prof. Willem Hoyng breaks down why a damage claim was entirely dismissed under strict German law. We also uncover the strategic trap of UPC preliminary injunctions during settlements, and why you must explicitly plead Article 71b(3) for non-EU jurisdiction. Cases and topics discussed in this episode: 💶 Damages under National Law : German law applied to a damage claim; claim dismissed for lack of evidence (LD Hamburg, Fives v Reel ). 🤝 Settlement Strategy: Why withdrawing a PI application on appeal is often better than keeping it alive (CoA, Roche v Menarini ). 🌐 Cross-Border Reach: Jurisdiction outside the UPC territory rejected against non-EU defendants (CoA, Adobe c.s. v Keeex ). ⏳ Error Correction & Collegiality: Retroactive extension to file upheld after discretionary review (CoA, Align v Angelalign ). 🌍 Language Battles: Request to switch from English to Italian dismissed (LD Milan, KeyMed v PR Medical ). 🔓 Confidentiality Traps: Public access granted, but only for specified documents (LD Lisbon, Gowling-Zentiva v Boehringer ). 📄 Procedural Strictness: Further pleadings refused under Rule 36 (LD Düsseldorf, Hologic v Siemens ). 📖 Read the full written…

People in this episode

Host: Willem Hoyng

Topics covered

• Damages under National Law
• Settlement Strategy
• Cross-Border Reach
• Error Correction & Collegiality
• Language Battles
• Confidentiality Traps
• Procedural Strictness

Keywords

• German law
• UPC
• preliminary injunctions
• non-EU jurisdiction
• settlements

Mentioned in this episode

Products: Fives, Reel, Roche, Menarini, Adobe, Keeex, Align, Angelalign, KeyMed, PR Medical

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