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Legal issues

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

Legal principlestraw company doctrine under EU law applicable to 'same parties' analysis under Art. 33(4) UPCAClear all

Filtering to principle: straw company doctrine under EU law applicable to 'same parties' analysis under Art. 33(4) UPCA

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.