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
direct infringement of uv led patent11100%
corrective measures under art. 64 upca (withdrawal and destruction)11100%
information disclosure for damages calculation11100%
provisional damages and cost allocation11100%
frand11100%
sep infringement — injunction not automatically barred by frand commitment where defendant's counterclaim fails on the merits11100%
business relationship under art. 33(1)(b) upca: membership in the same corporate group with aligned commercial activities (r&d, manufacturing, sales of the same products) is sufficient110%
same infringement allegation does not require complete identity of infringing acts; aligned/parallel acts directed at the same objective suffice110%
non-eu-domiciled parent companies do not independently ground jurisdiction under art. 33(1)(b); jurisdiction flows from eu-domiciled subsidiaries110%
jurisdictional assessment at the preliminary stage uses a 'cursory look' standard without pre-judging the merits110%
no hierarchy between art. 33(1)(a) (infringement locus) and art. 33(1)(b) (domicile) competence grounds110%
competence assessment uses a 'cursory look' standard; comprehensive evidentiary review would improperly anticipate the merits (coa barco v yealink)110%
sufficiently asserting infringement in the relevant contracting state (e.g. via a website directed at european customers including german clients) is enough to establish art. 33(1)(a) competence110%
whether a defendant from a non-contracting state (e.g. bosnia) actually commits infringing acts is a merits question, not a jurisdictional threshold110%
direct infringement of all features of granted/amended claim 1 suffices for injunctive relief11100%
late-filed arguments/evidence at oral hearing may be disregarded11100%
patent upheld in opposition (b2 form) carries persuasive weight in infringement proceedings11100%
injunction conditions include notification and certified translation requirements before enforcement11100%
all claim amendments evaluated for inventive step; no 'safe harbour' in amendment merely by adding features already disclosed in prior art110%
generalisation of a prior-art concept from one technical sub-domain to a related one does not involve an inventive step110%
Most-rejected arguments
Arguments that the UPC has not accepted, ranked by repeat occurrences across cases.
ArgumentPartyCases
invalidity counterclaim against ep 2 568 724 b1Respondent1
frand counterclaim — willingness to take a frand license precluding injunctionRespondent1
case should be dismissed for lack of jurisdiction over non-eu defendants (zhejiang geely holding group and geely automobile holdings ltd.)Respondent1
business relationship under art. 33(1)(b) requires direct commercial ties between all defendants across different brand groups within the geely conglomerateRespondent1
case against sovex (d1) should be transferred to the hague as sovex is domiciled in the netherlandsRespondent1
art. 33(1)(a) must be interpreted restrictively as a lex specialis requiring a specific territorial connection analogous to cjeu kalfelis restrictive interpretation of art. 7(2) brussels iRespondent1
cjeu reference on art. 32 upca and art. 71a-71b brussels i is necessaryRespondent1
counterclaim for revocation: patent lacks validityRespondent1
alleged disproportionate harm from injunction (late-filed claim about magnitude of damage)Respondent1
unconditionally amended main request and auxiliary requests 1–12 should be maintainedClaimant1
hlcc17 only discloses n-gram vectors applied to url filepaths, not domain names generallyClaimant1
security (sicherheitsleistung) should be required before granting provisional measuresRespondent1
defendants' appstack, securestack-ssl and threat simulator products directly infringe claim 16 and indirectly infringe claim 1Claimant1
oral hearing should be reopened to allow expert review of defendants' source code, and defendants should produce source codeClaimant1
infringement of ep 2 028 981 in poland, spain and the united kingdom by nuc electronics co., ltd.Claimant1
remaining requests beyond injunction, damages, information, destruction, and recallClaimant1
direct infringement of ep 2 746 967 by texas instruments' processors implementing dvfsClaimant1
general common knowledge (gck) supports inventive step challenge for claim feature subsetRespondent1
defendants' streaming services literally or equivalently infringe ep 2 479 680Claimant1
full revocation of ep 2 479 680 including all auxiliary requestsRespondent1
late disclosure of video file encoding information should be ordered under r. 191 ropClaimant1
counterclaim for revocation of ep 3 511 174Respondent1
private prior use right under german law (art. 28 upca)Respondent1
penalties imposed were disproportionate given pending legal questions on upc enforcementRespondent1
exhaustion defence / competition law argument as a defence to infringementRespondent1
Most-cited prior art
References relied on across substantive merits cases, with the role they typically play.
ReferencePredominant roleCases
HLCC17Obviousness combination1
WO [379] (prior art document cited in preparatory order in context of novelty/inventive step)Obviousness combination1
EP 452 (prior art document cited in preparatory order for novelty and inventive step analysis)Novelty-destroying1
EP 968 (cited in preparatory order for inventive step combination)Obviousness combination1