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
direct infringement of uv led patent11100%
corrective measures under art. 64 upca (withdrawal and destruction)11100%
information disclosure for damages calculation11100%
provisional damages and cost allocation11100%
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%
art. 33(1)(a) upca interpreted consistently with art. 7(2) brussels i recast (place of harmful event)110%
online purchase and delivery of infringing product in a member state establishes jurisdiction of that state's local division110%
frand issues can be dealt with incidentally by upc in an infringement action110%
admissibility of frand main claim (not merely defence) deferred to main proceedings under r. 20.2 rop110%
upc jurisdiction covers sep infringement actions including conditional frand injunction claims110%
added matter test: all claim elements must be directly and unambiguously derivable from the application as filed; selective combination of scattered fragments without clear indication is impermissible110%
burden of proof for infringement in pi proceedings rests on applicant (r. 211.2 rop)110%
a press release alone is insufficient evidence to demonstrate how accused software processes data110%
three months is a reasonable delay for pi preparation in complex multi-patent proceedings (r. 211.4 rop)110%
burden of proof for patent invalidity in pi proceedings rests on respondent110%
Most-rejected arguments
Arguments that the UPC has not accepted, ranked by repeat occurrences across cases.
ArgumentPartyCases
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
upc lacks jurisdiction because sun patent trust seeks a frand ruling as its main claim, which falls outside upc jurisdictionRespondent1
paris local division lacks internal competence because no defendant is domiciled in franceRespondent1
three-month delay between learning of potential infringement and filing the pi application constitutes unreasonable delayRespondent1
indirect infringement under art. 26 upca should be found for ep 3 766 986 even if direct infringement not establishedClaimant1
counterclaim for revocation: patent lacks validityRespondent1
alleged disproportionate harm from injunction (late-filed claim about magnitude of damage)Respondent1
counterclaim for nullity of claims 1 and 6 of the amended patent and subsidiary requestsRespondent1
infringement of the swiss national part of the patent should also be foundClaimant1
decision should be disseminated to mul-t-lock's customersClaimant1
the ghost product infringes claim 1 by equivalence because longitudinal alignment of spacers and openings serves the same function of improving water flowClaimant1
diagrams presented by claimant showed improved water trajectory justifying equivalence findingClaimant1
exhaustion defence / competition law argument as a defence to infringementRespondent1
invalidity counterclaim: patent claims lack novelty, involve added matter, lack inventive step, or are insufficientRespondent1
upc claim interpretation must be based on french-language patent application rather than the original english-language applicationRespondent1
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
ep 3435866 is novel and inventive; dependent claims 2–9 are independently validClaimant1
infringement of ep 3435866 by abbott entities' continuous glucose monitoring devicesClaimant1
abbott's carve-out defence limits scope of revocation counterclaim to upc-claimed territoriesClaimant1
Most-cited prior art
References relied on across substantive merits cases, with the role they typically play.

No prior-art data in the current scope.