Legal issues

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

Filtering to principle: patent amendment to maintain partial validity in revocation counterclaim proceedings

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
national law governs binding effect of prior national nullity judgments under art. 24(1)(e) upca (res judicata)	1	1	0%
prior commercial use right (betriebliches vorbenutzungsrecht) as a defence to infringement under national law applicable via upca	1	1	0%
patent amendment to maintain partial validity in revocation counterclaim proceedings	1	1	0%
extension of territorial scope to romania following its upca accession on 1 september 2024	1	1	0%

Most-rejected arguments

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

Argument	Party	Cases
the infringement action should succeed on the remaining valid claims	Claimant	1
full revocation of ep 3 215 288 including all amended claims	Respondent	1

Most-cited prior art

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

Reference	Predominant role	Cases
prior public use / offenkundige Vorbenutzung of sintered metal preparation by Vibrantz	Novelty-destroying	1