Legal issues

Cross-cutting view of legal principles, recurring arguments, and the prior art the court relies on.

Filtering to principle: closest prior art identification

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
problem-solution approach — court noted it is not mandatory under epc but would not change the outcome if applied	1	1	100%
patent maintenance as amended — court can maintain patent in limited form pursuant to auxiliary request	1	1	100%
closest prior art identification	1	1	100%
costs apportioned where patent is maintained only because defendant (patentee) filed a limitation during proceedings	1	1	100%

Most-rejected arguments

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

Argument	Party	Cases
revocation of ep 3 646 825 as granted (main request) on grounds of lack of novelty and/or inventive step	Claimant	1
lack of inventive step of ar ii claims over levi (closest prior art) in combination with teachings about hexagonal cells in heart valves	Claimant	1

Most-cited prior art

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

Reference	Predominant role	Cases
Levi	Obviousness combination	1
Fontaine article	Obviousness combination	1
WO 2013/012801 (WO '801 / grandparent application)	Background	1