UPC Analytics
ENDE
Analytics1Cases1Decisions4Judges4Parties0Firms
Filing trendsOutcomesPendencyTechnologyForum strategyLeading casesLegal issuesSecurity for costs

Legal issues

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

Legal principlecomplete invalidity leads to automatic failure of infringement action without further examinationClear all

Filtering to principle: complete invalidity leads to automatic failure of infringement action without further examination

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
problem-solution approach: realistic starting point must address same technical field and problems110%
inventive step: regulatory constraints (eu mercury prohibition from 2006) as factor forcing skilled person toward alternative110%
common general knowledge of accelerometers in wearable devices at 2009 priority date110%
belated challenges to starting point rejected110%
complete invalidity leads to automatic failure of infringement action without further examination110%
partial opt-out withdrawal: patent must have been opted out first, then withdrawn to confer upc jurisdiction110%
Most-rejected arguments
Arguments that the UPC has not accepted, ranked by repeat occurrences across cases.
ArgumentPartyCases
abm's belated (oral hearing) challenge that jp748 is not a realistic starting point for inventive stepClaimant1
dependent claim 2 (adaptive feedback) saves the patentClaimant1
infringement of ep 2 437 696 b2 by philips' sleep therapy devicesClaimant1
Most-cited prior art
References relied on across substantive merits cases, with the role they typically play.
ReferencePredominant roleCases
JP748 (Japanese patent on position therapy device, circa 1990/1991)Novelty-destroying1
P25 (Handbook of Modern Sensors, 2003)Background1
P28 (textbook for sleep medicine, evidencing accelerometers in wrist actigraphy)Background1