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
validity burden in provisional measures proceedings11100%
holding company / parent company liability for patent infringement11100%
preclusion of late-filed arguments under rule 9.2 rop11100%
leave to appeal procedural orders under rule 220.2 rop11100%
front-loaded procedure11100%
prior use right under art. 28 upca is governed by national law of each upca member state and must be pleaded country-by-country11100%
right to information under art. 68(3) upca and r. 191 rop covers cost factors used in profit calculation and supporting documents (invoices / delivery notes) but not full book inspection in infringement proceedings11100%
book inspection (offenlegung der bücher) only available in damages quantification proceedings, not infringement proceedings11100%
recall and permanent removal from distribution channels are distinct, independent remedies11100%
retrospective time extension must be sought no later than simultaneously with the submission in question11100%
register presumption — registration as proprietor creates rebuttable presumption of entitlement; burden shifts to defendant11100%
stated purposes in patent claims define scope — product must be designed to be usable for the stated purpose11100%
knowledge of infringement — grossly negligent ignorance or wilful blindness equivalent to actual knowledge; patent holder must investigate upon becoming aware of specific circumstances11100%
security for costs — in urgent provisional measure proceedings not available for litigation costs on defendant's application11100%
imminent infringement characterised by preparations fully completed and infringement only awaiting action110%
r. 295 rop stay of proceedings does not apply to pi proceedings110%
claim interpretation mandatory for court and parties; technical argumentation must be focused and precise in pi proceedings110%
extraterritorial group company infringement liability110%
costs gap in absence of main proceedings addressed by analogy to r. 118.5 rop or r. 213.2 rop110%
ex parte provisional measures available at trade fair exhibitions for urgent patent infringement11100%
Most-rejected arguments
Arguments that the UPC has not accepted, ranked by repeat occurrences across cases.
ArgumentPartyCases
leave to appeal the procedural order disregarding late-filed arguments should be grantedRespondent1
relying on combinations of claim 1 with sub-claims makes invalidity of claim 1 more likelyRespondent1
prior use right defense under art. 28 upcaRespondent1
right to inspection of books (offenlegung der bücher) in the infringement proceedingsClaimant1
retrospective extension of time limit for procedural submissionsRespondent1
request to order curio bioscience to compensate 10x genomics for reputational and other damages incurred as a result of the proceedingsRespondent1
request by 10x genomics for defendant to provide security for anticipated litigation costsClaimant1
preliminary injunction should be granted to prevent imminent infringement of ep 3 805 248 by celltrion's biosimilarClaimant1
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.