UPC Analytics
ENDE
Analytics1Cases1Decisions4Judges2Parties2Firms
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 principletimeliness of prior-art evidence: late submission requires reasonable justificationClear all

Filtering to principle: timeliness of prior-art evidence: late submission requires reasonable justification

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
doctrine of equivalents requires technical-functional equivalence: substitute means must fulfil essentially the same function to achieve essentially the same effect110%
front-loaded upc procedure requires parties to submit all facts and evidence as early as possible (r. 25.1 rop; preamble rop 7)110%
timeliness of prior-art evidence: late submission requires reasonable justification110%
a commercial brochure is evaluated as a stand-alone document; the physical product it advertises is not its disclosure110%
authentic text of a european patent is the language of grant (art. 70(1) epc) regardless of the language of proceedings110%
Most-rejected arguments
Arguments that the UPC has not accepted, ranked by repeat occurrences across cases.
ArgumentPartyCases
accused 'tray2go' product infringes the patent under the doctrine of equivalents via variant a (gradual transgression of second stiffening portion)Claimant1
physical product obtained from a commercial brochure can establish the brochure's prior-art disclosureRespondent1
claims should be construed based on english translation rather than the german-language authentic textClaimant1
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.