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 principleabuse of rights principle (CJEU): requires genuine lack of independent business activityClear all

Filtering to principle: abuse of rights principle (CJEU): requires genuine lack of independent business activity

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
straw company doctrine under eu law applicable to 'same parties' analysis under art. 33(4) upca110%
burden of proof on party asserting straw company status (r. 171.1 rop)110%
coordination of litigation strategies between supplier and distributor insufficient to establish straw company110%
upc framework does not preclude same patent being attacked by different entities with overlapping grounds110%
abuse of rights principle (cjeu): requires genuine lack of independent business activity110%
Most-rejected arguments
Arguments that the UPC has not accepted, ranked by repeat occurrences across cases.
ArgumentPartyCases
emporia uk and ireland ltd. is a 'straw company' acting as nominee for ex-pert klein gmbh, making them the 'same party' for purposes of art. 33(4) upca, rendering the revocation action inadmissibleRespondent1
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.