Legal issues

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

Filtering to principle: Infringer identification: party acting as manufacturer/offeror or creating that market impression

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
claim scope determined by claim language — description broadens interpretation only where claim text reflects it	1	1	100%
where multiple embodiments presented as inventive, claim terms interpreted to cover all of them	1	1	100%
infringer identification: party acting as manufacturer/offeror or creating that market impression	1	1	100%
orders against corporate officers as intermediaries available under art. 63(1)(2) upca	1	1	100%
german territorial acts excluded from upc injunction where opt-out/national proceedings apply	1	1	100%

Most-rejected arguments

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

Argument	Party	Cases
d7 (new prior art) submitted with written submission of 15 march 2024 admitted to revocation proceedings	Respondent	1
revocation counterclaims — patent invalid	Respondent	1

Most-cited prior art

References relied on across substantive merits cases, with the role they typically play.

Reference	Predominant role	Cases
D7 (unspecified late-filed document)	Obviousness combination	1