UPC Analytics
ENDE

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.
PrincipleCasesDecidedPatentee success
urgency / undue delay standard for provisional measures (two months presumptively acceptable)11100%
claim interpretation using description and drawings under art. 69 epc and coa principles11100%
summary validity assessment at pi stage limited to best three invalidity arguments11100%
provisional cost reimbursement requires special grounds (e.g., insolvency risk)11100%
burden of proof for product composition claims: allege and prove composition features, not reasons for them11100%
risk of first infringement from cross-border distribution and advertising11100%
cease-and-desist declaration with penalty clause required to eliminate infringement risk; actus contrarius insufficient11100%
number of validity arguments in pi proceedings limited to best three from respondent's perspective11100%
temporal urgency in munich local division: two months (diverging from düsseldorf's one month)11100%
summary proceedings: full legal issue examination but limited to selected number of issues11100%
claim scope determined by claim language — description broadens interpretation only where claim text reflects it11100%
where multiple embodiments presented as inventive, claim terms interpreted to cover all of them11100%
infringer identification: party acting as manufacturer/offeror or creating that market impression11100%
orders against corporate officers as intermediaries available under art. 63(1)(2) upca11100%
german territorial acts excluded from upc injunction where opt-out/national proceedings apply11100%
patent revoked in entirety where invalid as granted and in all auxiliary request forms110%
claimant must provide specific arguments for each dependent claim; reliance on claim 1 reasoning without more is insufficient110%
invalidity defeats infringement action — all infringement claims dismissed110%
auxiliary requests in pi proceedings based on amended claim versions are generally inadmissible110%
filing auxiliary requests with amended claims implies the granted patent is probably invalid110%
Most-rejected arguments
Arguments that the UPC has not accepted, ranked by repeat occurrences across cases.
ArgumentPartyCases
preliminary cost reimbursement order should be granted in preliminary injunction proceedingsClaimant1
validity attacks (best three arguments) defeat the patent at pi stageRespondent1
application for seizure of goods should be maintained in fullClaimant1
d7 (new prior art) submitted with written submission of 15 march 2024 admitted to revocation proceedingsRespondent1
revocation counterclaims — patent invalidRespondent1
ep 3 350 592 as granted is validClaimant1
auxiliary requests 1 and 2 are validClaimant1
auxiliary requests for provisional measures based on amended claim versions should be admittedClaimant1
preliminary cost reimbursement of eur 168,000 should be granted to respondentRespondent1
applications to amend the patent (auxiliary requests) should cure the added-matter defectRespondent1
claims 1 and 11 of ep 3 972 309 are infringed by asus devicesClaimant1
aorticlab's device infringes ep 2 129 425 because irregular patent-compliant use by medical professionals constitutes infringementClaimant1
private prior use right (in de, fr, it, ro) precludes infringement findingRespondent1
invalidity of ep 2 839 083 b9 as originally granted (revocation counterclaim)Respondent1
infringement is impossible due to features outside the patent claim that prevent the patented function from being achievedRespondent1
claims 1 and 11 are supported by the parent application and do not go beyond its contentClaimant1
auxiliary requests to amend the patent should cure the added-matter defectClaimant1
ep 2 493 466 (cabazitaxel antitumour use patent) is valid over the prior artClaimant1
no auxiliary requests for patent amendment filedClaimant1
the infringement action should succeed on the remaining valid claimsClaimant1
full revocation of ep 3 215 288 including all amended claimsRespondent1
the patent as amended (auxiliary requests ar1-ar1-24) should be maintained as validClaimant1
security for costs should be set at no more than eur 100,000 and may be provided by a us bank guaranteeClaimant1
the written witness statement of dr. raleigh qualifies as a full witness statement under r. 175 ropClaimant1
ep 3 669 828 lacks inventive step and should be revokedRespondent1
Most-cited prior art
References relied on across substantive merits cases, with the role they typically play.
ReferencePredominant roleCases
D7 (unspecified late-filed document)Obviousness combination1
NHSC document (clinical/regulatory document disclosing cabazitaxel antitumour use in docetaxel-pretreated patients)Novelty-destroying1
prior public use / offenkundige Vorbenutzung of sintered metal preparation by VibrantzNovelty-destroying1
ZP8-ZP9 (late-filed documents admitted in response to AR1-24)Obviousness combination1
D3Novelty-destroying1