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 principleMain proceedings are the rule; provisional measures with summary examination are the exceptionClear all

Filtering to principle: Main proceedings are the rule; provisional measures with summary examination are the exception

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
prosecution history (erteilungsakte) is generally not admissible claim construction material in upc proceedings110%
subclaims can inform but do not ordinarily narrow main claim interpretation110%
description passages deleted during prosecution cannot serve as basis for broader claim interpretation110%
balance of interests in provisional measures must weigh probability of erroneous decision and objective urgency110%
main proceedings are the rule; provisional measures with summary examination are the exception110%
Most-rejected arguments
Arguments that the UPC has not accepted, ranked by repeat occurrences across cases.
ArgumentPartyCases
application for provisional measures for infringement of patent relating to furniture fittings (height-adjustable leg installation tool)Claimant1
epo examining division's view (expressed during third-party observation proceedings) that d8 did not disclose feature 3.2.2 settles the claim construction questionClaimant1
Most-cited prior art
References relied on across substantive merits cases, with the role they typically play.
ReferencePredominant roleCases
D8Novelty-destroying1
ITRE 20100070 A1 (D9)Novelty-destroying1