Legal issues

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

Filtering to principle: r. 158 security-for-costs has no application in ex parte provisional measures 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
registration in national patent register creates rebuttable presumption of proprietorship and shifts burden of proof under r. 8.5(c) rop	1	1	100%
purpose indications in patent claims limit claim scope to items suitable for stated purpose	1	1	100%
urgency in provisional measures: constructive knowledge (gross negligent ignorance) equates to positive knowledge; no general market monitoring duty	1	1	100%
r. 158 security-for-costs has no application in ex parte provisional measures proceedings	1	1	100%
technically qualified judge may be appointed ex officio in provisional measures proceedings under art. 8(5)(2) upca	1	1	100%
confidentiality protection under r. 262a rop: stepped cms workflow protecting trade secrets	1	1	100%

Most-rejected arguments

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

Argument	Party	Cases
security for costs should be ordered against 10x genomics in the provisional measures proceedings	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.