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 prior use right lies on defendantClear all

Filtering to principle: Burden of proof for prior use right lies on defendant

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
upc jurisdiction limited to national parts in force on or after 1 june 2023 in upca member states11100%
prior use right under art. 28 upca must be proved country-by-country with facts pleaded in statement of defense11100%
burden of proof for prior use right lies on defendant11100%
procedural timeliness: grounds of revocation must be presented comprehensively in initial pleadings11100%
Most-rejected arguments
Arguments that the UPC has not accepted, ranked by repeat occurrences across cases.
ArgumentPartyCases
prior use right defense under art. 28 upcaRespondent1
counterclaim for revocation of ep 3 511 174 b1Respondent1
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.