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 principleProvisional damages may be awarded alongside a declaration of liability for further damagesClear all

Filtering to principle: Provisional damages may be awarded alongside a declaration of liability for further damages

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
indirect infringement arises where the infringer instructs or knowingly exploits the end-user's activation of an infringing feature11100%
destruction required where software-based deactivation cannot guarantee the product cannot be restored to an infringing state11100%
publication of judgment is discretionary (art. 80 upca) and requires claimant's interest to outweigh consequences for defendant; not justified where other remedies already protect claimant11100%
provisional damages may be awarded alongside a declaration of liability for further damages11100%
Most-rejected arguments
Arguments that the UPC has not accepted, ranked by repeat occurrences across cases.
ArgumentPartyCases
publication of the judgment should be orderedClaimant1
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.