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.

Principle	Cases	Decided	Patentee success
cost allocation where patent valid only in non-asserted amended form: patentee bears revocation costs	1	1	0%
compensation of costs where counter-claimant sought revocation of non-asserted claims that were upheld	1	1	0%
partial revocation maintains patent in amended claim form under art. 65 upca	1	1	0%
patent infringement not excluded by fact device normally operates non-infringingly, as long as patent-compliant use remains possible	1	1	0%
in medical devices, irregular patent-compliant use constitutes infringement only if consistent with professional practice and recognised medical science rules	1	1	0%
conditional counterclaim dependent on intra-procedural event (infringement finding) is procedurally valid and limits court's mandate (r. 263.3 rop; art. 76(1) upca)	1	1	0%
if condition for counterclaim decision does not occur, counterclaimant bears costs for counterclaim as unnecessary costs (art. 69(3) upca)	1	1	0%
both parties bear their own costs where claimant fails on infringement and counterclaimant's conditional counterclaim is not decided	1	1	0%

Most-rejected arguments

Arguments that the UPC has not accepted, ranked by repeat occurrences across cases.

Argument	Party	Cases
orbisk's food waste monitoring system infringes ep 3 198 245	Claimant	1
r. 190 rop application for document production	Claimant	1
aorticlab's device infringes ep 2 129 425 because irregular patent-compliant use by medical professionals constitutes infringement	Claimant	1

Most-cited prior art

References relied on across substantive merits cases, with the role they typically play.

No prior-art data in the current scope.