UPC Analytics
ENDE
Analytics1Cases1Decisions3Judges2Parties2Firms
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 principleinsufficient validity showing is grounds for denial of pi even without deciding infringementClear all

Filtering to principle: insufficient validity showing is grounds for denial of pi even without deciding infringement

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
pi applicant must cumulatively prove entitlement, validity, and infringement to sufficient degree of certainty (r. 211.2 rop)110%
patent amendment under r. 30.2 rop is inadmissible in provisional measures proceedings due to expediency requirement and adversarial principle110%
r. 263.2 rop 'amend its case' means pleadings amendment only, not amendment of patent claims110%
patent descriptions must be interpreted to make the invention workable rather than unworkable110%
insufficient validity showing is grounds for denial of pi even without deciding infringement110%
Most-rejected arguments
Arguments that the UPC has not accepted, ranked by repeat occurrences across cases.
ArgumentPartyCases
us'994 contains unworkable embodiments and should not be read to disclose all features of claim 1Claimant1
court should permit patent amendment as auxiliary request to cure any validity defectClaimant1
Most-cited prior art
References relied on across substantive merits cases, with the role they typically play.
ReferencePredominant roleCases
US'994 (US patent cited as prior art against EP 4 201 327 claim 1)Novelty-destroying1