Legal issues

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

Filtering to principle: Decision by default can confirm provisional measures and grant permanent injunction

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
re-establishment of rights (r. 320) requires all due care; failure to use cms team function is lack of due care where illness risk is foreseeable	1	1	100%
hybrid mushroom strains are not excluded from patentability under art. 53(b) epc	1	1	100%
r. 356 set-aside is not available where a prior r. 320 order already put defendant on notice that default decision would be final	1	1	100%
decision by default can confirm provisional measures and grant permanent injunction	1	1	100%
r. 356.3: where defendant has been warned that further default decision shall be final, set-aside is barred	1	1	100%

Most-rejected arguments

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

Argument	Party	Cases
representative's illness prevented timely filing of sod and re-establishment of rights under r. 320 should be granted	Respondent	1
default decision should be set aside under r. 356 rop	Respondent	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.