Legal issues

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

Filtering to principle: conditions for provisional measures are cumulative; lack of urgency alone defeats the application

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
urgency for provisional measures: delay in filing after knowledge of infringement may defeat urgency	1	1	0%
conditions for provisional measures are cumulative; lack of urgency alone defeats the application	1	1	0%
brussels i regulation amendments govern international jurisdiction only, not internal upc territorial competence under art. 33 upca	1	1	0%
art. 33(1) upca lists alternative competences without hierarchical preference between sub-paragraphs (a) and (b)	1	1	0%
earliest upc jurisdiction date is the grant date of the european patent, not the unitary effect registration date	1	1	0%
r. 353 rop rectification grounds are exhaustive: only clerical errors, miscalculations, and obvious omissions qualify	1	1	0%
a decision must be read as a whole including its reasoning; the substantive operative part and the motivational grounds are equally part of the order	1	1	0%

Most-rejected arguments

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

Argument	Party	Cases
barco's delay in filing was not unreasonable given complexity of infringement analysis	Claimant	1
rectification of final order to add the word 'interim' to costs award was warranted under r. 353 rop	Claimant	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.