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
patent amendment auxiliary requests (r. 30.2 rop) are inadmissible in provisional measures proceedings110%
in provisional measures: cumulative requirements of standing, validity, infringement or imminent infringement, and balance of interests must all be met110%
rule 263.2 rop 'amend its case' refers to modification of the case by new claim or substitution, not to patent amendment applications110%
security for costs requires substantiated evidence of insolvency risk or lack of sufficient assets — non-eu incorporation alone insufficient110%
added matter — intermediate generalisation requires demonstration that features are inextricably linked110%
skilled person understands illustrative embodiment features need not be essential to the invention110%
art. 34 upca (territorial scope) is distinct from jurisdiction under arts. 31-33 upca and r. 19 rop110%
long-arm jurisdiction over non-cms states follows cjeu bsh v electrolux110%
burden of proof for infringement in non-cms territory lies with claimant (r. 13m, r. 171.1 rop)110%
interim costs award requires evidentiary substantiation110%
closure of proceedings by settlement under r. 360 rop110%
60% court fee reimbursement on settlement before close of written procedure (r. 370.9(c)(i))110%
settlement encompasses costs: no separate court costs order where parties have agreed110%
confirmation of settlement as enforceable final decision under art. 79 upca110%
court-facilitated settlement under case management powers (r. 332 rop)110%
publication of redacted settlement only under r. 365 rop110%
court fee reimbursement on settlement not automatic110%
default judgment (contumacia): three conditions required — valid service, failure to comply with a deadline, and facts justifying the relief11100%
non-contestation principle: uncontested facts are deemed proven (r. 171.2 rop) but only against parties who chose to actively defend11100%
service of statement of claim without attachments is valid if the body of the claim gives sufficient understanding (r. 271 rop)11100%
Most-rejected arguments
Arguments that the UPC has not accepted, ranked by repeat occurrences across cases.
ArgumentPartyCases
application for provisional measures for infringement of ep 4 201 327 relating to insulin pump technologyClaimant1
security for costs in the amount of eur 200,000 due to risk of inability to enforce cost judgment against a us companyRespondent1
amended claims contain added matter due to unallowable intermediate generalisation (eight features alleged to be inextricably linked)Respondent1
article 34 upca objection falls within scope of preliminary objection under r. 19 ropRespondent1
infringement claim in poland based on general european accessibility of websites and aggregate european turnoverClaimant1
nuc's request for interim costs award of eur 175,000Respondent1
60% reimbursement of court fees (eur 6,600) requested by edwards under r. 370.9(c) and 370.11 ropClaimant1
application to amend the patent (auxiliary requests) should be admittedClaimant1
infringement action for ep 2 726 230 b1Claimant1
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
nst as a us-based npe should be ordered to provide eur 200,000 security for costsRespondent1
stay of proceedings pending revocation counterclaim by different defendant in parallel actionRespondent1
full costs offset in oerlikon's favour should be denied due to oerlikon expanding settlement demands during negotiationsRespondent1
Most-cited prior art
References relied on across substantive merits cases, with the role they typically play.
ReferencePredominant roleCases
US 994Obviousness combination1
Prior use (Girderflex machine) at EUR 2,000,000 price pointNovelty-destroying1