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 |
|---|---|---|
| infringement of ep 2 755 901 b1 and/or ep 3 466 498 by defendants' egg packaging products | Claimant | 1 |
| counterclaim for revocation dismissed in remaining parts beyond the partially revoked claims | Respondent | 1 |
| market saturation from infringing products and long-term customer lock-in create irreparable harm justifying provisional measures | Claimant | 1 |
| ongoing tenders in italy creating long-term binding commitments justify urgent provisional measures | Claimant | 1 |
| applicant acted in bad faith by unlawfully appropriating the patent, warranting denial of pi | Respondent | 1 |
| application for rectification: '2 series gran coupé' model omitted from bmw exception list by obvious slip | Respondent | 1 |
| review of allocation of technically qualified judge to obtain one with mechanical engineering expertise | Respondent | 1 |
| infringement by equivalence of product claim 1 (challenged embodiment i) | Claimant | 1 |
| patent validity remains decisive for the infringement action even in a bifurcated case | Claimant | 1 |
| provisional measures application for preliminary injunction against celltrion entities regarding ep 3 805 248 b1 | Claimant | 1 |
| publication of the judgment should be ordered | Claimant | 1 |
| remaining requests in the infringement action | Claimant | 1 |
| direct infringement of ep 2 263 098 b1 by google's wi-fi positioning product | Claimant | 1 |
| late indirect infringement auxiliary requests introduced in unsolicited september 2025 submission | Claimant | 1 |
| samsung should be ordered to provide security for costs against headwater | Respondent | 1 |
| security for costs should be ordered against 10x genomics in the provisional measures proceedings | Respondent | 1 |
| all auxiliary requests to amend the patent to overcome the added-matter objection | Claimant | 1 |
| infringement of ep 3 223 320 by expert e-commerce and expert klein for led products | Claimant | 1 |
| a defendant that did not file its own revocation counterclaim can still benefit from invalidity arguments in its defence | Respondent | 1 |
| narrowing claim construction based on description or drawings to exclude what is literally covered by claim language | Respondent | 1 |
| application to amend the patent (fujifilm's auxiliary requests) | Claimant | 1 |
| infringement action concerning ep 3 594 009 b1 | Claimant | 1 |
| rectification of injunction order to include austria in the territorial scope | Claimant | 1 |
Most-cited prior art
References relied on across substantive merits cases, with the role they typically play.
| Reference | Predominant role | Cases |
|---|---|---|
| D12, D13, D14 (prior art documents referenced in proceedings) | Obviousness combination | 1 |