Legal issues

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

Filtering to principle: burden of proof on party asserting straw company status (r. 171.1 rop)

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
straw company doctrine under eu law applicable to 'same parties' analysis under art. 33(4) upca	1	1	0%
burden of proof on party asserting straw company status (r. 171.1 rop)	1	1	0%
coordination of litigation strategies between supplier and distributor insufficient to establish straw company	1	1	0%
upc framework does not preclude same patent being attacked by different entities with overlapping grounds	1	1	0%
abuse of rights principle (cjeu): requires genuine lack of independent business activity	1	1	0%

Most-rejected arguments

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

Argument	Party	Cases
emporia uk and ireland ltd. is a 'straw company' acting as nominee for ex-pert klein gmbh, making them the 'same party' for purposes of art. 33(4) upca, rendering the revocation action inadmissible	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.