Legal issues

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

Filtering to principle: recall and removal from distribution channels are available remedies alongside permanent injunction

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
priority: 'same invention' in art. 87 epc is assessed by the direct-and-unambiguous derivation standard identical to the added-matter disclosure standard	1	1	100%
front-loaded proceedings: new invalidity attacks first raised at oral hearing are inadmissible	1	1	100%
claim term that is only mentioned generally cannot be restricted to a configuration described in cited prior art without specific claim language	1	1	100%
recall and removal from distribution channels are available remedies alongside permanent injunction	1	1	100%

Most-rejected arguments

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

Argument	Party	Cases
inventive step attack based on documents already in the proceedings, raised for the first time at oral hearing	Respondent	1
counterclaim for revocation: ep 2 476 814 b1 is invalid	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.