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
front-loaded procedure under rop110%
inadmissibility of late new arguments under rule 9.2 rop even on the same broad issue110%
revocation of patent claim as counterclaim defeats infringement action110%
claim scope not limited to preferred embodiments11100%
description and drawings as interpretation material, not prior art11100%
gillette defence11100%
purposive claim construction11100%
publication of decision as punitive measure requiring justification beyond injunction11100%
second medical use claims — infringement requires that the alleged infringer offers or places the product on the market in a way that leads or may lead to the claimed therapeutic use110%
second medical use claims — notional novelty under art. 54(5) epc requires a specific use in a method under art. 53(c) epc110%
inventive step — motivation to implement the claimed use may be absent or negated where many uncertainties exist110%
pleading ignorance is inadmissible in upc proceedings110%
purposive claim construction — scope of second medical use claim110%
product-by-process claim construction: technical properties conferred by process are decisive11100%
upc jurisdiction over art. 67 epc compensation for use during application publication period11100%
destruction as corrective measure; software deactivation insufficient unless re-enablement impossible11100%
costs apportionment where both parties partially succeed11100%
rebuttable presumption of patent proprietorship under r. 8.5(c) rop11100%
urgency for pi: no fixed deadline, assessed on totality of applicant's conduct11100%
general patent revocation rates irrelevant to individual patent validity assessment11100%
Most-rejected arguments
Arguments that the UPC has not accepted, ranked by repeat occurrences across cases.
ArgumentPartyCases
new line of arguments on added matter based on different passages of a lengthy document should be admittedClaimant1
gillette defence (accused product is prior art or obvious modification thereof, therefore non-infringing)Respondent1
claim should be limited to the specific shape shown in a particular drawingRespondent1
right to publication of the decision should be grantedClaimant1
infringement of the second medical use claim of ep 3 536 712 b1 by amgen's evolocumab product in paediatric patientsClaimant1
counterclaim for revocation of ep 3 536 712 b1Respondent1
patent ep 3 356 109 is invalid (counterclaim for revocation)Respondent1
third-party counterclaim (dritt-widerklage) against alexander christ should succeedRespondent1
software-based deactivation of infringing function is an alternative to destructionRespondent1
valeo lacks entitlement to bring pi proceedings / patent title is manifestly erroneousRespondent1
general revocation rates of patents indicate the patent is more likely than not invalidRespondent1
patent ep 3 466 498 is invalid (counterclaim for revocation) — novelty and inventive stepRespondent1
new prior art and new invalidity attacks raised for the first time in the rejoinder to revocation counterclaimRespondent1
infringement is established: the accused occlusion devices fall within the scope of ep 1 998 686 b2Claimant1
application dismissed in all other aspects against defendant 1Claimant1
remaining aspects of application (not specified in available excerpt)Claimant1
infringement of ep 2 755 901 b1 and/or ep 3 466 498 by defendants' egg packaging productsClaimant1
counterclaim for revocation dismissed in remaining parts beyond the partially revoked claimsRespondent1
market saturation from infringing products and long-term customer lock-in create irreparable harm justifying provisional measuresClaimant1
ongoing tenders in italy creating long-term binding commitments justify urgent provisional measuresClaimant1
applicant acted in bad faith by unlawfully appropriating the patent, warranting denial of piRespondent1
application for rectification: '2 series gran coupé' model omitted from bmw exception list by obvious slipRespondent1
review of allocation of technically qualified judge to obtain one with mechanical engineering expertiseRespondent1
patent ep 3 686 683 b1 is invalid (counterclaim for revocation)Respondent1
additional test-purchase evidence should be admitted as further pleading under r. 36 ropClaimant1
Most-cited prior art
References relied on across substantive merits cases, with the role they typically play.
ReferencePredominant roleCases
D12, D13, D14 (prior art documents referenced in proceedings)Obviousness combination1