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 principleBurden of proof for invalidity lies with the defendant in PI proceedingsClear all

Filtering to principle: Burden of proof for invalidity lies with the defendant in PI proceedings

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.