UPC Analytics
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Legal issues

Cross-cutting view of legal principles, recurring arguments, and the prior art the court relies on.

Legal principlepatent limitation during proceedings can defeat revocation actionClear all

Filtering to principle: patent limitation during proceedings can defeat revocation action

Clear principle filter
Most-litigated legal principles
Recurring legal principles across 1 cases with reasoning extracted. Success rate counts patentee-favorable outcomes only.
PrincipleCasesDecidedPatentee success
problem-solution approach (noted as not mandatory under epc but applied as consistent with outcome)11100%
patent limitation during proceedings can defeat revocation action11100%
cost-splitting where revocation dismissed only due to in-proceedings amendment11100%
Most-rejected arguments
Arguments that the UPC has not accepted, ranked by repeat occurrences across cases.
ArgumentPartyCases
lack of inventive step based on 'levi' as closest prior art combined with disclosure of hexagonal cells in heart valvesClaimant1
all invalidity grounds raised against amended auxiliary request ii are well-foundedClaimant1
Most-cited prior art
References relied on across substantive merits cases, with the role they typically play.
ReferencePredominant roleCases
Levi (unspecified publication)Obviousness combination1
Fontaine (article)Obviousness combination1
WO 2013/012801Background1
EP 3 205 309Background1
EP 2 731 552Background1