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Legal issues

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

Filtering to principle: problem-solution approach: realistic starting point must address same technical field and problems

Most-litigated legal principles

Recurring legal principles across 1 cases with reasoning extracted. Success rate counts patentee-favorable outcomes only.

Principle	Cases	Decided	Patentee success
problem-solution approach: realistic starting point must address same technical field and problems	1	1	0%
inventive step: regulatory constraints (eu mercury prohibition from 2006) as factor forcing skilled person toward alternative	1	1	0%
common general knowledge of accelerometers in wearable devices at 2009 priority date	1	1	0%
belated challenges to starting point rejected	1	1	0%
complete invalidity leads to automatic failure of infringement action without further examination	1	1	0%
partial opt-out withdrawal: patent must have been opted out first, then withdrawn to confer upc jurisdiction	1	1	0%

Most-rejected arguments

Arguments that the UPC has not accepted, ranked by repeat occurrences across cases.

Argument	Party	Cases
abm's belated (oral hearing) challenge that jp748 is not a realistic starting point for inventive step	Claimant	1
dependent claim 2 (adaptive feedback) saves the patent	Claimant	1
infringement of ep 2 437 696 b2 by philips' sleep therapy devices	Claimant	1

Most-cited prior art

References relied on across substantive merits cases, with the role they typically play.

Reference	Predominant role	Cases
JP748 (Japanese patent on position therapy device, circa 1990/1991)	Novelty-destroying	1
P25 (Handbook of Modern Sensors, 2003)	Background	1
P28 (textbook for sleep medicine, evidencing accelerometers in wrist actigraphy)	Background	1