Legal issues

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

Filtering to principle: product-by-process claim construction: technical properties conferred by process are decisive

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
product-by-process claim construction: technical properties conferred by process are decisive	1	1	100%
upc jurisdiction over art. 67 epc compensation for use during application publication period	1	1	100%
destruction as corrective measure; software deactivation insufficient unless re-enablement impossible	1	1	100%
costs apportionment where both parties partially succeed	1	1	100%

Most-rejected arguments

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

Argument	Party	Cases
patent ep 3 356 109 is invalid (counterclaim for revocation)	Respondent	1
third-party counterclaim (dritt-widerklage) against alexander christ should succeed	Respondent	1
software-based deactivation of infringing function is an alternative to destruction	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.