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 principleFRAND issues can be dealt with incidentally by UPC in an infringement actionClear all

Filtering to principle: FRAND issues can be dealt with incidentally by UPC in an infringement action

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
art. 33(1)(a) upca interpreted consistently with art. 7(2) brussels i recast (place of harmful event)110%
online purchase and delivery of infringing product in a member state establishes jurisdiction of that state's local division110%
frand issues can be dealt with incidentally by upc in an infringement action110%
admissibility of frand main claim (not merely defence) deferred to main proceedings under r. 20.2 rop110%
upc jurisdiction covers sep infringement actions including conditional frand injunction claims110%
Most-rejected arguments
Arguments that the UPC has not accepted, ranked by repeat occurrences across cases.
ArgumentPartyCases
upc lacks jurisdiction because sun patent trust seeks a frand ruling as its main claim, which falls outside upc jurisdictionRespondent1
paris local division lacks internal competence because no defendant is domiciled in franceRespondent1
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.