Legal issues
Cross-cutting view of legal principles, recurring arguments, and the prior art the court relies on.
Most-litigated legal principles
Recurring legal principles across 1 cases with reasoning extracted. Success rate counts patentee-favorable outcomes only.
Most-rejected arguments
Arguments that the UPC has not accepted, ranked by repeat occurrences across cases.
| Argument | Party | Cases |
|---|---|---|
| prior use right defense under art. 28 upca | Respondent | 2 |
| new line of arguments on added matter based on different passages of a lengthy document should be admitted | Claimant | 1 |
| gillette defence (accused product is prior art or obvious modification thereof, therefore non-infringing) | Respondent | 1 |
| claim should be limited to the specific shape shown in a particular drawing | Respondent | 1 |
| right to publication of the decision should be granted | Claimant | 1 |
| huawei's claims are barred by ieee bylaws / letter of assurance commitments (prohibition on suit) | Respondent | 1 |
| exhaustion defence applies to all accused product variants | Respondent | 1 |
| counterclaim for revocation of ep 2 137 782 should succeed | Respondent | 1 |
| gucci's leather goods (pikarar padlock bag and loafers) infringe claim 1 and claim 10 of agfa's patent | Claimant | 1 |
| counterclaim for revocation of the patent should succeed | Respondent | 1 |
| patent ep 2 548 648 is valid and infringement claims should be upheld | Claimant | 1 |
| counterclaim for revocation of ep 3 511 174 b1 | Respondent | 1 |
| invalidity counterclaim against ep 2 568 724 b1 | Respondent | 1 |
| frand counterclaim — willingness to take a frand license precluding injunction | Respondent | 1 |
| infringement of the second medical use claim of ep 3 536 712 b1 by amgen's evolocumab product in paediatric patients | Claimant | 1 |
| counterclaim for revocation of ep 3 536 712 b1 | Respondent | 1 |
| revocation counterclaim filed only by expert e-commerce gmbh (defendant 2) | Respondent | 1 |
| direct infringement of ep 1 651 838 (glazing system patent) by maars' horizon products | Claimant | 1 |
| revocation of ep 1 651 838 (counterclaim for revocation by maars) | Respondent | 1 |
| exclusion of expert statements and associated claimant reasoning from proceedings | Respondent | 1 |
| direct infringement of ep 2 404 516 (wig/hairpiece patent — edge-to-edge ribbon design) by gisela mayer | Claimant | 1 |
| infringement by equivalence of ep 2 404 516 | Claimant | 1 |
| personal condemnation of the judicial administrator and mandataire judiciaire (insolvency practitioners) for costs | Respondent | 1 |
| right to inspection of books (offenlegung der bücher) in the infringement proceedings | Claimant | 1 |
| retrospective extension of time limit for procedural submissions | Respondent | 1 |
Most-cited prior art
References relied on across substantive merits cases, with the role they typically play.
| Reference | Predominant role | Cases |
|---|---|---|
| D3 (unspecified publication, shredder/mill technology) | Obviousness combination | 1 |
| D9 (unspecified publication, fibrous wood material grinding with oblique ribs/strips) | Obviousness combination | 1 |
| Levi (Exhibit HLNK 39) | Obviousness combination | 1 |
| Alon (Exhibit HLNK 49) | Obviousness combination | 1 |
| Fontaine (Exhibit HLNK 25) | Obviousness combination | 1 |
| EP 3 583 920 B1 (family member) | Background | 1 |
| D7 (unspecified late-filed document) | Obviousness combination | 1 |
| JP748 (Japanese patent on position therapy device, circa 1990/1991) | Novelty-destroying | 1 |
| P25 (Handbook of Modern Sensors, 2003) | Background | 1 |
| P28 (textbook for sleep medicine, evidencing accelerometers in wrist actigraphy) | Background | 1 |
| HLCC17 | Obviousness combination | 1 |
| NHSC document (clinical/regulatory document disclosing cabazitaxel antitumour use in docetaxel-pretreated patients) | Novelty-destroying | 1 |
| WO 2007/001986 A2 (WO986) — EP572 priority document | Background | 1 |
| Prior use (Girderflex machine) at EUR 2,000,000 price point | Novelty-destroying | 1 |
| D12, D13, D14 (prior art documents referenced in proceedings) | Obviousness combination | 1 |
| prior public use / offenkundige Vorbenutzung of sintered metal preparation by Vibrantz | Novelty-destroying | 1 |
| ZP8-ZP9 (late-filed documents admitted in response to AR1-24) | Obviousness combination | 1 |
| WO [379] (prior art document cited in preparatory order in context of novelty/inventive step) | Obviousness combination | 1 |
| EP 452 (prior art document cited in preparatory order for novelty and inventive step analysis) | Novelty-destroying | 1 |
| EP 968 (cited in preparatory order for inventive step combination) | Obviousness combination | 1 |
| D3 | Novelty-destroying | 1 |