Legal issues

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

Filtering to principle: amended claims must be assessed independently for inventive step against closest prior art

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
problem-solution approach is not mandatory under epc/upca but may be applied as a cross-check	1	1	100%
amended claims must be assessed independently for inventive step against closest prior art	1	1	100%
where revocation fails only because patentee filed limitation during proceedings, costs may be apportioned (here 60/40)	1	1	100%

Most-rejected arguments

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

Argument	Party	Cases
claim 1 as granted lacks inventive step / novelty over prior art including fontaine article	Claimant	1
all invalidity grounds (lack of inventive step, added matter, insufficiency) against auxiliary request ii	Claimant	1

Most-cited prior art

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

Reference	Predominant role	Cases
Levi (prior art document identified as closest prior art)	Obviousness combination	1
Fontaine article (prior art relied on for reduced crimping profile argument)	Obviousness combination	1
WO 2013/012801 (parent/grandparent application lineage)	Background	1