Legal issues

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

Filtering to principle: Brussels Ibis Arts. 29-30 apply directly to the UPC without requiring Art. 71c

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
parties' right to define subject-matter of dispute (art. 76(1) upca) does not restrict defendant's counterclaim for revocation	1	1	0%
brussels ibis arts. 29-30 apply directly to the upc without requiring art. 71c	1	1	0%
defendant's failure to provide specific arguments for dependent claims leaves them undefended	1	1	0%
art. 83 upca carve-out by claimant to exclude certain acts does not limit scope of revocation counterclaim	1	1	0%
claim construction: skilled person applies technical meaning with aid of description, not merely philological reading	1	1	0%

Most-rejected arguments

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

Argument	Party	Cases
ep 3435866 is novel and inventive; dependent claims 2–9 are independently valid	Claimant	1
infringement of ep 3435866 by abbott entities' continuous glucose monitoring devices	Claimant	1
abbott's carve-out defence limits scope of revocation counterclaim to upc-claimed territories	Claimant	1

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.