Legal issues

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

Filtering to principle: problem-solution approach for inventive step

Most-litigated legal principles

Recurring legal principles across 2 cases with reasoning extracted. Success rate counts patentee-favorable outcomes only.

Principle	Cases	Decided	Patentee success
problem-solution approach for inventive step	2	2	50%
standstill clause breach does not bar action but may give rise to contractual liability	1	1	100%
motivation to combine prior art references required for obviousness	1	1	100%
motivation to combine prior art references	1	1	0%
revocation of patent defeats pending infringement action	1	1	0%

Most-rejected arguments

Arguments that the UPC has not accepted, ranked by repeat occurrences across cases.

Argument	Party	Cases
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
patent ep 2 548 648 is valid and infringement claims should be upheld	Claimant	1

Most-cited prior art

References relied on across substantive merits cases, with the role they typically play.

Reference	Predominant role	Cases
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
D3 (unspecified publication, shredder/mill technology)	Obviousness combination	1
D9 (unspecified publication, fibrous wood material grinding with oblique ribs/strips)	Obviousness combination	1