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 principleUPC jurisdiction over Art. 67 EPC compensation for use during application publication periodClear all

Filtering to principle: UPC jurisdiction over Art. 67 EPC compensation for use during application publication period

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
product-by-process claim construction: technical properties conferred by process are decisive11100%
upc jurisdiction over art. 67 epc compensation for use during application publication period11100%
destruction as corrective measure; software deactivation insufficient unless re-enablement impossible11100%
costs apportionment where both parties partially succeed11100%
Most-rejected arguments
Arguments that the UPC has not accepted, ranked by repeat occurrences across cases.
ArgumentPartyCases
patent ep 3 356 109 is invalid (counterclaim for revocation)Respondent1
third-party counterclaim (dritt-widerklage) against alexander christ should succeedRespondent1
software-based deactivation of infringing function is an alternative to destructionRespondent1
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.