Legal issues

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

Filtering to principle: realistic starting point for inventive step is a document addressing the same or similar problem

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
holistic approach to inventive step: assess non-obviousness of the invention as a whole	1	1	100%
realistic starting point for inventive step is a document addressing the same or similar problem	1	1	100%
court has discretionary power to deny injunction where disproportionate (art. 63(1) upca)	1	1	100%
excluding a product from market does not per se engage relevant public interest unless patients would be left without adequate treatment	1	1	100%
technical objective problem must be derived from effects causally related to claimed technical features	1	1	100%
a 'decision on the merits' under r. 150 rop requires litigation proceedings with res judicata effect; public-access proceedings do not qualify	1	1	100%
cms technical malfunction can justify retrospective time extension (r. 9(3)(a) rop)	1	1	100%

Most-rejected arguments

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

Argument	Party	Cases
revocation of ep 4 151 181 b1 as granted for lack of inventive step	Claimant	1
edwards' counterclaim for infringement is inadmissible as filed outside the two-month deadline under r. 49 rop	Claimant	1
injunction should extend to xl-size prosthetic heart valves (exceeding 30 mm diameter)	Respondent	1
costs application for eur 15,000 arising from rejected public-access-to-register proceedings	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.