Legal issues

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

Filtering to principle: claim interpretation follows upc court of appeal standards (upc_coa_335/2023 and upc_coa_1/2024)

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
direct infringement under art. 25 upca does not require prior notice of the patent to the defendant	1	1	100%
upc applies arts. 25-26 upca as substantive infringement law, not national law, including for acts before 1 june 2023	1	1	100%
novelty: invention must be found in its entirety in a single prior art document in the same form, arrangement, and functioning for the same technical result	1	1	100%
in french-language proceedings, claim interpretation arguments are assessed by reference to the application as originally filed in english	1	1	100%
claim interpretation follows upc court of appeal standards (upc_coa_335/2023 and upc_coa_1/2024)	1	1	100%

Most-rejected arguments

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

Argument	Party	Cases
exhaustion defence / competition law argument as a defence to infringement	Respondent	1
invalidity counterclaim: patent claims lack novelty, involve added matter, lack inventive step, or are insufficient	Respondent	1
upc claim interpretation must be based on french-language patent application rather than the original english-language application	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.