Legal issues

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

Filtering to principle: provisional measures standard: infringement must be established with sufficient certainty

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
original claim version of a european patent may be used as a claim construction aid when claims were amended during prosecution (purposive/contextual claim construction)	1	1	0%
costs of a protective letter filed under r.207.8 rop form part of the provisional measures proceedings costs, recoverable by the successful respondent	1	1	0%
unsuccessful applicant for provisional measures normally bears all costs including protective letter costs; no reason to depart absent special circumstances	1	1	0%
provisional measures standard: infringement must be established with sufficient certainty	1	1	0%

Most-rejected arguments

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

Argument	Party	Cases
infringement of ep 3 883 277 sufficiently established to justify provisional measures including injunction	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.