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 principlerisk of first infringement from cross-border distribution and advertisingClear all

Filtering to principle: risk of first infringement from cross-border distribution and advertising

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
burden of proof for product composition claims: allege and prove composition features, not reasons for them11100%
risk of first infringement from cross-border distribution and advertising11100%
cease-and-desist declaration with penalty clause required to eliminate infringement risk; actus contrarius insufficient11100%
number of validity arguments in pi proceedings limited to best three from respondent's perspective11100%
temporal urgency in munich local division: two months (diverging from düsseldorf's one month)11100%
summary proceedings: full legal issue examination but limited to selected number of issues11100%
Most-rejected arguments
Arguments that the UPC has not accepted, ranked by repeat occurrences across cases.
ArgumentPartyCases
application for seizure of goods should be maintained in fullClaimant1
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.