Interview with IP monetization 'godfather' Marshall Phelps; UPC Roundup; UPC turns three; Brazil, U.S. news

1) Freemium mix: An interview with IP monetization ‘godfather’ Marshall Phelps

“If you let them, patents can permit people to do so many things, and they can pay you for the privilege,” Marshall Phelps recently told ip fray in an exclusive interview.

2) UPC turns three

Three years ago to the day, the UPC formally opened its doors. ip fray has been "all in" on the UPC for more than two of the three years. And when ip fray started in December 2023, the UPC was part of the strategy, just that we didn't know how quickly it would get traction — and that didn't take long at all.

We have a podcast coming up with a professor and UPC litigator, but we cannot promise that it will still go live today (if not, it will only be a matter of days).

Later today, we will also publish a short (and free) piece. It's nothing short of remarkable what has been accomplished by the UPC, thanks to the tremendous work by its judges and staff — but there are dark clouds on the horizon, internally as well as externally. Some believe they're entitled to a greater share of the UPC's success and pushing for counterproductive measures. And in one non-UPC European jurisdiction, patent-specialized judges try hard to stay relevant, even to the extent of having already prevented at three UPC hearings (the most recent one in the CoA) that a party's UPC representatives could properly argue their case. The UPC will have to stay united internally, and must present a united front to those engaging in overreach at the UPC's expense. All of those problems can be solved, but there is no guarantee that they will be.

3) Premium: UPC Roundup (1 week): CoA reverses infringement ruling; extends evidence-production deadline over Chinese export controls; more

This is a summary of developments in and around the Unified Patent Court (UPC) in the calendar week of May 25, 2026.

4) Free opinion piece: UPC panels should state preliminary views at outset of every hearing: many practitioners are otherwise disinclined to file there

There are various ways in which UPC local divisions with a low case load could attract more cases. An introductory outline of the court’s views at the start of reach hearing is one of them.

The fact that the court's guidance didn't give a party a fair chance last Thursday is just due to UK interference and, therefore, an outlier.

5) Premium: Jury accepts “reverse doctrine of equivalents” defense in blood pump patent case involving Johnson & Johnson unit

Abiomed and Maquet have been engaged in a long-running battle over blood pump technology.

6) Premium: Rio court grants Dolby preliminary injunction in AV1 patent dispute against Skyworth

A Rio de Janeiro court granted Dolby preliminary injunctive relief over a patent allegedly incorporated into the AV1 specification, adding momentum to AV1 enforcement efforts and highlighting Brazil’s growing role in video-codec litigation.

7) Freemium mix: Bill pending in Brazil’s Senate would add anti-interference (including anti-interim-license) provisions to patent law: draconian sanctions

Brazil is now the first country with a pending legislative proposal to penalize those seeking antisuit injunctions and interim licenses.

8) LinkedIn: BMW wants greater reimbursement of litigation expenses from Onesta

Onesta asserted two U.S. patents against BMW in Germany, then settled with BMW supplier Qualcomm. The dispute is over, except for the fee-shifting part.

9) Preview: PMAC launch

Tomorrow, the UPC's Patent Mediation and Arbitration Centre (PMAC) will hold an inaugural event in Ljubljana, Slovenia, with high-profile speakers including the presidents of the ECJ and the EPO.