Legal issues

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

Filtering to principle: front-loaded proceedings preclude new invalidity attacks first raised at oral hearing

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
any person needing freedom to operate in the patent's field has standing under art. 47(6) upca	1	1	100%
skilled person will not derive dimensions from schematic figures	1	1	100%
front-loaded proceedings preclude new invalidity attacks first raised at oral hearing	1	1	100%
prior art that teaches away from a modification renders an obviousness combination based on that modification untenable	1	1	100%
problem-solution approach: objective technical problem must be identified before assessing whether the skilled person would arrive at the claimed solution	1	1	100%

Most-rejected arguments

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

Argument	Party	Cases
combination of d3 with d7 and d5 renders auxiliary request 2 obvious	Claimant	1
attack based on pari emotion plus d2 or d7 plus d5 against claim 1 as amended	Claimant	1

Most-cited prior art

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

Reference	Predominant role	Cases
D1	Novelty-destroying	1
D2	Obviousness combination	1
D3	Obviousness combination	1
D5	Obviousness combination	1
D7	Obviousness combination	1
Pari eMotion (prior art device)	Obviousness combination	1