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 principleExhaustion under Art. 29 UPCA assessed on specific facts of authorised first placing on marketClear all

Filtering to principle: Exhaustion under Art. 29 UPCA assessed on specific facts of authorised first placing on market

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
recall, removal from channels of commerce, and destruction generally unavailable for products challenged on indirect infringement only11100%
interim lump-sum damages under r. 119 rop require sufficient factual basis and plausible estimation of specific facts11100%
revocation claimant must explain prior art content and articulate how the skilled person would combine documents without inventive step; naming documents alone is insufficient11100%
indirect infringement under art. 26 upca can ground an injunction and removal order even absent direct infringement11100%
exhaustion under art. 29 upca assessed on specific facts of authorised first placing on market11100%
Most-rejected arguments
Arguments that the UPC has not accepted, ranked by repeat occurrences across cases.
ArgumentPartyCases
patent ep 2 061 575 b1 lacks inventive step based on named prior art documents (revocation counterclaim)Respondent1
recall, removal from channels of commerce, and destruction ordered for indirectly infringing productsClaimant1
interim award of lump-sum damages (r. 119 rop) without specific factual basisClaimant1
exhaustion defence: products supplied by patent holder exhaust patent rightsRespondent1
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.