Legal issues

Cross-cutting view of legal principles, recurring arguments, and the prior art the court relies on.

Filtering to principle: Public prior use must cover all claim features

Most-litigated legal principles

Recurring legal principles across 1 cases with reasoning extracted. Success rate counts patentee-favorable outcomes only.

Principle	Cases	Decided	Patentee success
balance of probabilities validity standard for provisional measures	1	1	100%
burden of proof for invalidity lies with the defendant in pi proceedings	1	1	100%
public prior use must cover all claim features	1	1	100%
weighing of interests in pi can favour patentee where infringement opens new downstream markets	1	1	100%
security for enforcement requires a reasoned application with supporting facts	1	1	100%

Most-rejected arguments

Arguments that the UPC has not accepted, ranked by repeat occurrences across cases.

Argument	Party	Cases
request for security for enforcement	Respondent	1
attacked embodiment contains only one fluid (a water-in-oil emulsion) preventing infringement	Respondent	1

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.