Legal issues

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

Filtering to principle: claimant under art. 54 upca not required to address features outside the claim scope

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
device infringement requires only capability (eignung) to achieve the patented function, not regular or intended achievement	1	1	100%
defendant bears burden of proving impossibility of infringement when relying on features outside the patent claim	1	1	100%
claimant under art. 54 upca not required to address features outside the claim scope	1	1	100%
patent can be maintained in amended form via auxiliary requests to avoid invalidity while preserving infringement finding	1	1	100%

Most-rejected arguments

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

Argument	Party	Cases
invalidity of ep 2 839 083 b9 as originally granted (revocation counterclaim)	Respondent	1
infringement is impossible due to features outside the patent claim that prevent the patented function from being achieved	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.