CoA, July 8, 2026, Appeal Decision Regarding Request For Provisional Measures, UPC-CoA-36/2026

An invalidity attack filed for the first time on appeal, will be considered inadmissible absent a compelling justification for its late submission (R. 222.2 RoP)

A party must explain why the evidence could not have been submitted in the first instance. The mere fact that assembling the evidence took time is insufficient where the party had ample opportunity to do so beforehand. Admitting a wholly new invalidity attack at the appeal stage – in the case at hand, shifting from reliance on the public availability of a video to the contested public prior use of the underlying software – would force the opposing party to defend itself in a single instance with limited means, unjustifiably damaging its procedural position.