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 |
|---|---|---|
| defendant's submission of 31 may 2024 (inadmissible late submission) | Respondent | 2 |
| lack of inventive step based on 'levi' as closest prior art combined with disclosure of hexagonal cells in heart valves | Claimant | 1 |
| all invalidity grounds raised against amended auxiliary request ii are well-founded | Claimant | 1 |
| late-filed prior art documents mb2 and mb4 should be admitted and undermine inventive step | Claimant | 1 |
| request to amend patent is inadmissible with respect to non-challenged claims | Claimant | 1 |
| new grounds for revocation introduced in reply to defence constitute permissible arguments | Claimant | 1 |
| lack of inventive step over diaz combined with robertson | Claimant | 1 |
| lack of inventive step starting from glejboel combined with diaz and/or robertson | Claimant | 1 |
| 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 |
| revocation counterclaim against ep 2 223 589 b1 (bed enclosure with lockable sheet metal strip) | Respondent | 1 |
| personal liability of individual directors (johann and stefan windhager) for costs beyond windhager gmbh's liability | Claimant | 1 |
| all 16 auxiliary requests (ar1 to ar16) filed by dish technologies to overcome the added matter invalidity | Respondent | 1 |
| dependent claim 2 (streamlet cache module) survives even if claim 1 is revoked | Respondent | 1 |
| proceedings should be stayed pending related national revocation action | Respondent | 1 |
| auxiliary requests 2–8 render the claimed subject-matter patentable | Respondent | 1 |
| claim 1 obvious over cross or pan combined with difonzo | Claimant | 1 |
| claim 1 obvious over pan combined with common general knowledge | Claimant | 1 |
| auxiliary requests (2)a through (2)d to amend the patent to overcome added matter objection | Respondent | 1 |
| ep 3 504 991 b1 lacks novelty over cohen | Claimant | 1 |
| claim 1 invalid for lack of inventive step | Claimant | 1 |
| claim 1 lacks novelty over cited prior art range disclosures | Claimant | 1 |
| claim 1 lacks inventive step starting from d14 (float process glass) combined with d16 (refining agents) | Claimant | 1 |
| inventive step challenged by reference to chinese supreme people's court judgment on a related chinese patent | Claimant | 1 |
| experimental report d41 relevant to patentability of auxiliary requests | Claimant | 1 |
Most-cited prior art
References relied on across substantive merits cases, with the role they typically play.
| Reference | Predominant role | Cases |
|---|---|---|
| Levi (unspecified publication) | Obviousness combination | 1 |
| Fontaine (article) | Obviousness combination | 1 |
| WO 2013/012801 | Background | 1 |
| EP 3 205 309 | Background | 1 |
| EP 2 731 552 | Background | 1 |
| MB2 (European patent application published 9 September 2016) | Obviousness combination | 1 |
| MB4 (unspecified prior art document) | Obviousness combination | 1 |
| Diaz (unspecified publication, liquid drug delivery system) | Obviousness combination | 1 |
| Robertson (unspecified publication, container for solid medicaments) | Obviousness combination | 1 |
| Glejboel (unspecified publication) | Obviousness combination | 1 |
| Levi | Obviousness combination | 1 |
| Fontaine article | Obviousness combination | 1 |
| WO 2013/012801 (WO '801 / grandparent application) | Background | 1 |
| Göransson | Novelty-destroying | 1 |
| D46 | Obviousness combination | 1 |
| Cross | Obviousness combination | 1 |
| Pan | Obviousness combination | 1 |
| DiFonzo | Obviousness combination | 1 |
| Cohen | Novelty-destroying | 1 |
| Chen (CN 101843368 A) | Background | 1 |
| Thompson (US 2013/0192617 A1) | Background | 1 |
| D14 | Obviousness combination | 1 |
| D16 | Obviousness combination | 1 |
| D19 | Obviousness combination | 1 |
| D40 (expert opinion) | Background | 1 |