Legal issues

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

Filtering to principle: problem-solution approach to inventive step under EPO case law applied by UPC

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
problem-solution approach to inventive step under epo case law applied by upc	1	1	0%
invalidity attack based on art. 138(1)(e) epc inadmissible under applicable national law	1	1	0%
security for costs for us-based non-practicing entity under r. 158 rop	1	1	0%
us bank guarantee not adequate security; deposit required	1	1	0%
late-filed prior art documents admissible in response to auxiliary requests	1	1	0%
cancellation of second oral hearing upon finding all forms of patent invalid	1	1	0%

Most-rejected arguments

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

Argument	Party	Cases
the patent as amended (auxiliary requests ar1-ar1-24) should be maintained as valid	Claimant	1
security for costs should be set at no more than eur 100,000 and may be provided by a us bank guarantee	Claimant	1
the written witness statement of dr. raleigh qualifies as a full witness statement under r. 175 rop	Claimant	1

Most-cited prior art

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

Reference	Predominant role	Cases
ZP8-ZP9 (late-filed documents admitted in response to AR1-24)	Obviousness combination	1