Analytics 4Cases 4Decisions 9Judges 8Parties 2Firms

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
patent amendment auxiliary requests (r. 30.2 rop) are inadmissible in provisional measures proceedings	1	1	0%
in provisional measures: cumulative requirements of standing, validity, infringement or imminent infringement, and balance of interests must all be met	1	1	0%
rule 263.2 rop 'amend its case' refers to modification of the case by new claim or substitution, not to patent amendment applications	1	1	0%
security for costs requires substantiated evidence of insolvency risk or lack of sufficient assets — non-eu incorporation alone insufficient	1	1	0%
pi applicant must cumulatively prove entitlement, validity, and infringement to sufficient degree of certainty (r. 211.2 rop)	1	1	0%
patent amendment under r. 30.2 rop is inadmissible in provisional measures proceedings due to expediency requirement and adversarial principle	1	1	0%
r. 263.2 rop 'amend its case' means pleadings amendment only, not amendment of patent claims	1	1	0%
patent descriptions must be interpreted to make the invention workable rather than unworkable	1	1	0%
insufficient validity showing is grounds for denial of pi even without deciding infringement	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%
provisional measures standard: infringement must be established with sufficient certainty	1	1	0%

Most-rejected arguments

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

Argument	Party	Cases
application for provisional measures for infringement of ep 4 201 327 relating to insulin pump technology	Claimant	1
security for costs in the amount of eur 200,000 due to risk of inability to enforce cost judgment against a us company	Respondent	1
us'994 contains unworkable embodiments and should not be read to disclose all features of claim 1	Claimant	1
court should permit patent amendment as auxiliary request to cure any validity defect	Claimant	1
infringement of ep 3 883 277 sufficiently established to justify provisional measures including injunction	Claimant	1

Most-cited prior art

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

Reference	Predominant role	Cases
US 994	Obviousness combination	1
US'994 (US patent cited as prior art against EP 4 201 327 claim 1)	Novelty-destroying	1