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 and indirect infringement where customer activation of infringing features is instructed or knowingly exploited11100%
destruction as corrective measure; software deactivation insufficient unless re-enabling impossible11100%
discretion to order publication of decision under art. 80 upca; normally only where other measures insufficient11100%
costs apportionment in proceedings with partial success on both sides11100%
burden of proof for product composition claims: allege and prove composition features, not reasons for them11100%
risk of first infringement from cross-border distribution and advertising11100%
cease-and-desist declaration with penalty clause required to eliminate infringement risk; actus contrarius insufficient11100%
number of validity arguments in pi proceedings limited to best three from respondent's perspective11100%
temporal urgency in munich local division: two months (diverging from düsseldorf's one month)11100%
summary proceedings: full legal issue examination but limited to selected number of issues11100%
priority: 'same invention' standard under art. 87 epc equated to added matter disclosure standard110%
inventive step: material selection from limited class of known materials not inventive110%
equivalence assessment in infringement110%
partial revocation of patent on counterclaim110%
costs split proportionally where each party partially succeeds110%
doctrine of equivalents requires technical-functional equivalence: substitute means must fulfil essentially the same function to achieve essentially the same effect110%
front-loaded upc procedure requires parties to submit all facts and evidence as early as possible (r. 25.1 rop; preamble rop 7)110%
timeliness of prior-art evidence: late submission requires reasonable justification110%
a commercial brochure is evaluated as a stand-alone document; the physical product it advertises is not its disclosure110%
authentic text of a european patent is the language of grant (art. 70(1) epc) regardless of the language of proceedings110%
Most-rejected arguments
Arguments that the UPC has not accepted, ranked by repeat occurrences across cases.
ArgumentPartyCases
patent ep 3 466 498 is invalid (counterclaim for revocation) — novelty and inventive stepRespondent1
application for seizure of goods should be maintained in fullClaimant1
infringement of ep 2 755 901 b1 and/or ep 3 466 498 by defendants' egg packaging productsClaimant1
counterclaim for revocation dismissed in remaining parts beyond the partially revoked claimsRespondent1
accused 'tray2go' product infringes the patent under the doctrine of equivalents via variant a (gradual transgression of second stiffening portion)Claimant1
physical product obtained from a commercial brochure can establish the brochure's prior-art disclosureRespondent1
claims should be construed based on english translation rather than the german-language authentic textClaimant1
special circumstances under r. 211.5 rop can be established by the allegedly long duration of obtaining securityClaimant1
publication of the judgment should be orderedClaimant1
publication of the judgment in trade press should be orderedClaimant1
patent is invalid due to added matter (überschreitung der ursprungsoffenbarung)Respondent1
defendants' streaming services literally or equivalently infringe ep 2 479 680Claimant1
full revocation of ep 2 479 680 including all auxiliary requestsRespondent1
late disclosure of video file encoding information should be ordered under r. 191 ropClaimant1
alpina coffee's milk foam device infringes ep 3398487 claim 2Claimant1
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.