Analytics 17Cases 22Decisions 20Judges 35Parties 7Firms

Filing trends Outcomes Pendency Technology Forum strategy Leading cases Legal issues Security for costs

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
urgency / undue delay standard for provisional measures (two months presumptively acceptable)	1	1	100%
claim interpretation using description and drawings under art. 69 epc and coa principles	1	1	100%
summary validity assessment at pi stage limited to best three invalidity arguments	1	1	100%
provisional cost reimbursement requires special grounds (e.g., insolvency risk)	1	1	100%
burden of proof for product composition claims: allege and prove composition features, not reasons for them	1	1	100%
risk of first infringement from cross-border distribution and advertising	1	1	100%
cease-and-desist declaration with penalty clause required to eliminate infringement risk; actus contrarius insufficient	1	1	100%
number of validity arguments in pi proceedings limited to best three from respondent's perspective	1	1	100%
temporal urgency in munich local division: two months (diverging from düsseldorf's one month)	1	1	100%
summary proceedings: full legal issue examination but limited to selected number of issues	1	1	100%
auxiliary requests in pi proceedings based on amended claim versions are generally inadmissible	1	1	0%
filing auxiliary requests with amended claims implies the granted patent is probably invalid	1	1	0%
pi proceedings under art. 62 upca are assessed solely on the granted claim version	1	1	0%
interim cost reimbursement requires substantiated and verifiable cost submissions	1	1	0%
settlement confirmed under r.365 rop by court decision (not order)	1	1	0%
court may order confidentiality of settlement details on joint request of parties (r.365.2 rop)	1	1	0%
where parties have regulated costs in the settlement, court's cost decision must be based on settlement terms (r.365.4 rop)	1	1	0%
original claim version of a european patent may be used as a claim construction aid when claims were amended during prosecution (purposive/contextual claim construction)	1	1	0%
costs of a protective letter filed under r.207.8 rop form part of the provisional measures proceedings costs, recoverable by the successful respondent	1	1	0%
unsuccessful applicant for provisional measures normally bears all costs including protective letter costs; no reason to depart absent special circumstances	1	1	0%

Most-rejected arguments

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

Argument	Party	Cases
preliminary cost reimbursement order should be granted in preliminary injunction proceedings	Claimant	1
validity attacks (best three arguments) defeat the patent at pi stage	Respondent	1
application for seizure of goods should be maintained in full	Claimant	1
auxiliary requests for provisional measures based on amended claim versions should be admitted	Claimant	1
preliminary cost reimbursement of eur 168,000 should be granted to respondent	Respondent	1
infringement of ep 3 883 277 sufficiently established to justify provisional measures including injunction	Claimant	1
applicants delayed unreasonably in seeking provisional measures	Respondent	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.