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 principleDependent claims can acquire independent validity in combination with an invalid independent claimClear all

Filtering to principle: Dependent claims can acquire independent validity in combination with an invalid independent claim

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
defendant's alternative request for partial maintenance without specifying a particular claim is admissible and obliges the court to examine which dependent claims remain valid (art. 65(3) upca)110%
dependent claims can acquire independent validity in combination with an invalid independent claim110%
common general knowledge of on/off switches and activation buttons in electronic devices supports obviousness of such features110%
Most-rejected arguments
Arguments that the UPC has not accepted, ranked by repeat occurrences across cases.
ArgumentPartyCases
patent should be maintained as granted (claim 1 valid)Respondent1
auxiliary requests to amend the patent overcome invalidity of claim 1Respondent1
dependent claims 2, 3, 4 and 5 have independent validityRespondent1
Most-cited prior art
References relied on across substantive merits cases, with the role they typically play.
ReferencePredominant roleCases
Pan (prior art document — e-cigarette/vaporizer with airflow sensor activation)Obviousness combination1
Cross (prior art document — vaporizer device with microcontroller and user activation switch)Obviousness combination1
Griffith (prior art document — electronic smoking device with pushbutton activation)Obviousness combination1