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 principlebalance of probabilities test for validity in pi proceedingsClear all

Filtering to principle: balance of probabilities test for validity in pi proceedings

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
added matter: claimed feature must be directly and unambiguously derivable from application as filed110%
balance of probabilities test for validity in pi proceedings110%
costs follow the event in pi proceedings even without main proceedings110%
all dependent claims fall with the same added-matter defect as independent claim110%
Most-rejected arguments
Arguments that the UPC has not accepted, ranked by repeat occurrences across cases.
ArgumentPartyCases
feature of connector support received through distal-facing opening into recess is supported by multiple passages and figures in the application as filedClaimant1
provisional reimbursement of costs ordered in favour of applicantClaimant1
Most-cited prior art
References relied on across substantive merits cases, with the role they typically play.
ReferencePredominant roleCases
WO 2011/119896Distinguished1