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 validity standard for provisional measuresClear all

Filtering to principle: Balance of probabilities validity standard for provisional measures

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
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%
Most-rejected arguments
Arguments that the UPC has not accepted, ranked by repeat occurrences across cases.
ArgumentPartyCases
request for security for enforcementRespondent1
attacked embodiment contains only one fluid (a water-in-oil emulsion) preventing infringementRespondent1
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.