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Legal issues

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

Legal principlesubclaims can inform but do not ordinarily narrow main claim interpretationClear all

Filtering to principle: subclaims can inform but do not ordinarily narrow main claim interpretation

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
prosecution history (erteilungsakte) is generally not admissible claim construction material in upc proceedings110%
subclaims can inform but do not ordinarily narrow main claim interpretation110%
description passages deleted during prosecution cannot serve as basis for broader claim interpretation110%
balance of interests in provisional measures must weigh probability of erroneous decision and objective urgency110%
main proceedings are the rule; provisional measures with summary examination are the exception110%
Most-rejected arguments
Arguments that the UPC has not accepted, ranked by repeat occurrences across cases.
ArgumentPartyCases
application for provisional measures for infringement of patent relating to furniture fittings (height-adjustable leg installation tool)Claimant1
epo examining division's view (expressed during third-party observation proceedings) that d8 did not disclose feature 3.2.2 settles the claim construction questionClaimant1
Most-cited prior art
References relied on across substantive merits cases, with the role they typically play.
ReferencePredominant roleCases
D8Novelty-destroying1
ITRE 20100070 A1 (D9)Novelty-destroying1