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 principleRealistic starting point for inventive step is a document addressing the same or similar problemClear all

Filtering to principle: Realistic starting point for inventive step is a document addressing the same or similar problem

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
holistic approach to inventive step: assess non-obviousness of the invention as a whole11100%
realistic starting point for inventive step is a document addressing the same or similar problem11100%
court has discretionary power to deny injunction where disproportionate (art. 63(1) upca)11100%
excluding a product from market does not per se engage relevant public interest unless patients would be left without adequate treatment11100%
technical objective problem must be derived from effects causally related to claimed technical features11100%
a 'decision on the merits' under r. 150 rop requires litigation proceedings with res judicata effect; public-access proceedings do not qualify11100%
cms technical malfunction can justify retrospective time extension (r. 9(3)(a) rop)11100%
Most-rejected arguments
Arguments that the UPC has not accepted, ranked by repeat occurrences across cases.
ArgumentPartyCases
revocation of ep 4 151 181 b1 as granted for lack of inventive stepClaimant1
edwards' counterclaim for infringement is inadmissible as filed outside the two-month deadline under r. 49 ropClaimant1
injunction should extend to xl-size prosthetic heart valves (exceeding 30 mm diameter)Respondent1
costs application for eur 15,000 arising from rejected public-access-to-register proceedingsClaimant1
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.