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 |
|---|---|---|
| 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 |
| 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 |
| claim 1 obvious over cross or pan combined with difonzo | Claimant | 1 |
| claim 1 obvious over pan combined with common general knowledge | Claimant | 1 |
| ep 3 350 592 as granted is valid | Claimant | 1 |
| auxiliary requests 1 and 2 are valid | Claimant | 1 |
| auxiliary requests for provisional measures based on amended claim versions should be admitted | Claimant | 1 |
| preliminary cost reimbursement of eur 168,000 should be granted to respondent | Respondent | 1 |
| claim 1 lacks novelty over public prior uses (chilliwack, chime long, festival bay facilities) and d5 (us 2008/0085159) | Claimant | 1 |
| emporia uk and ireland ltd. is a 'straw company' acting as nominee for ex-pert klein gmbh, making them the 'same party' for purposes of art. 33(4) upca, rendering the revocation action inadmissible | Respondent | 1 |
| auxiliary requests i–xvii save the patent from the invalidity attacks | Respondent | 1 |
| claim 1 of ep 3 831 283 b1 lacks novelty over wo'896 | Claimant | 1 |
| claim 1 lacks inventive step starting from wo'896 combined with us'440 | Claimant | 1 |
| r. 75(3) rop bars a new counterclaim for revocation concerning the same patent after an earlier revocation action | Respondent | 1 |
| revocation of claims 1, 3, 4, 5, 6, 9 and 10 of ep 2 875 923 b1 (wall machining machine) | Claimant | 1 |
| ep 3 655 346 b1 as granted is invalid for lack of industrial application | Claimant | 1 |
| revocation of ep 4 151 181 b1 as granted for lack of inventive step | Claimant | 1 |
| edwards' counterclaim for infringement is inadmissible as filed outside the two-month deadline under r. 49 rop | Claimant | 1 |
| injunction should extend to xl-size prosthetic heart valves (exceeding 30 mm diameter) | Respondent | 1 |
| costs application for eur 15,000 arising from rejected public-access-to-register proceedings | Claimant | 1 |
| claim 1 as granted lacks inventive step / novelty over prior art including fontaine article | 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 |
| 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 |
| Cross | Obviousness combination | 1 |
| Pan | Obviousness combination | 1 |
| DiFonzo | Obviousness combination | 1 |
| US 4,558,474 (D1) | Obviousness combination | 1 |
| D3 (publication on hydraulic wave generation with software interface) | Obviousness combination | 1 |
| US 2008/0085159 A1 (D5) | Background | 1 |
| D2, D4, D6 | Obviousness combination | 1 |
| Chilliwack, Chime Long, Festival Bay prior uses | Background | 1 |
| EP 2 264 662 A1 (BP07) | Obviousness combination | 1 |
| US 2006/0253409 (BP08) | Obviousness combination | 1 |
| WO 2012/104474 (application as filed of EP 2 671 173) | Background | 1 |
| WO'896 (glucose monitoring prior art) | Obviousness combination | 1 |
| US'440 (glucose sensor assembly prior art) | Obviousness combination | 1 |
| Levi (prior art document identified as closest prior art) | Obviousness combination | 1 |