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 2 cases with reasoning extracted. Success rate counts patentee-favorable outcomes only.
PrincipleCasesDecidedPatentee success
provisional measures require sufficient certainty of patent validity, not merely the court's own view220%
burden of proof for infringement lies with applicant110%
reversal of burden of proof requires reasonable prior indications of infringement110%
infringement must be established before validity and other pi requirements are assessed110%
balance of probabilities validity standard for provisional measures11100%
burden of proof for invalidity lies with the defendant in pi proceedings11100%
public prior use must cover all claim features11100%
weighing of interests in pi can favour patentee where infringement opens new downstream markets11100%
security for enforcement requires a reasoned application with supporting facts11100%
claim construction must use description and express disclosures alongside claim wording (art. 69 epc)110%
simultaneity requirement in dma-based packet processing is a substantive claim limitation110%
non-infringement of main claim renders auxiliary request analysis unnecessary110%
urgency for pi requires prompt investigation upon knowledge of infringement110%
three-month delay without significant clarification steps defeats urgency110%
doctrine of equivalents: assessment focuses on how the technical effect is achieved, not merely that an effect is produced110%
description passage identifying acceleration as 'additional' to sound sensing precludes treating acceleration as an equivalent alternative110%
costs of protective letter are 'other costs' of proceedings under art. 69(1) upca110%
ex parte provisional measures require security for potential damages if later revoked (r. 211.5 verfo)11100%
even clear infringement and secure validity do not in principle justify dispensing with a security order in ex parte pi proceedings11100%
provisional cost reimbursement may be ordered alongside ex parte pi (art. 60(1) upca; r. 211.1(c) verfo)11100%
Most-rejected arguments
Arguments that the UPC has not accepted, ranked by repeat occurrences across cases.
ArgumentPartyCases
attacked embodiment (speed care hemostatic gauze) contains a binder as required by patent claimsClaimant1
burden of proof should be reversed because applicant has provided reasonable indications of infringementClaimant1
request for security for enforcementRespondent1
attacked embodiment contains only one fluid (a water-in-oil emulsion) preventing infringementRespondent1
cisco products implement the claimed dma-based simultaneous header-writing mechanismClaimant1
auxiliary requests establish infringement on alternative claim readingsClaimant1
connected ball technology infringes the patent by using sensor data to determine ball contactClaimant1
infringement by equivalents — accelerometer processing equivalent to sound-signal comparisonClaimant1
auxiliary requests based on amended claims (adding acceleration sensing) establish infringementClaimant1
security/enforcement bond should be ordered against occlutechRespondent1
application for provisional measures as to remaining embodiments (second group of attacked products)Claimant1
international jurisdiction for spanish national part of defendant 4 (dreame technology ab)Claimant1
inventive step attack based on documents already in the proceedings, raised for the first time at oral hearingRespondent1
counterclaim for revocation: ep 2 476 814 b1 is invalidRespondent1
preliminary injunction against samsung bioepis based on ep 3 167 888 b1Claimant1
preliminary injunction against amgen entities based on ep 3 167 888 b1Claimant1
tesla vehicles infringe ep 1612910 (on-board power supply monitor and power control system)Claimant1
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.