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 |
|---|---|---|
| application for provisional measures for infringement of ep 4 201 327 relating to insulin pump technology | Claimant | 1 |
| security for costs in the amount of eur 200,000 due to risk of inability to enforce cost judgment against a us company | Respondent | 1 |
| amended claims contain added matter due to unallowable intermediate generalisation (eight features alleged to be inextricably linked) | Respondent | 1 |
| article 34 upca objection falls within scope of preliminary objection under r. 19 rop | Respondent | 1 |
| infringement claim in poland based on general european accessibility of websites and aggregate european turnover | Claimant | 1 |
| nuc's request for interim costs award of eur 175,000 | Respondent | 1 |
| 60% reimbursement of court fees (eur 6,600) requested by edwards under r. 370.9(c) and 370.11 rop | Claimant | 1 |
| application to amend the patent (auxiliary requests) should be admitted | Claimant | 1 |
| infringement action for ep 2 726 230 b1 | Claimant | 1 |
| infringement of ep 2 028 981 in poland, spain and the united kingdom by nuc electronics co., ltd. | Claimant | 1 |
| remaining requests beyond injunction, damages, information, destruction, and recall | Claimant | 1 |
| nst as a us-based npe should be ordered to provide eur 200,000 security for costs | Respondent | 1 |
| stay of proceedings pending revocation counterclaim by different defendant in parallel action | Respondent | 1 |
| full costs offset in oerlikon's favour should be denied due to oerlikon expanding settlement demands during negotiations | Respondent | 1 |
Most-cited prior art
References relied on across substantive merits cases, with the role they typically play.
| Reference | Predominant role | Cases |
|---|---|---|
| US 994 | Obviousness combination | 1 |
| Prior use (Girderflex machine) at EUR 2,000,000 price point | Novelty-destroying | 1 |