Legal issues

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

Filtering to principle: upc jurisdiction over pre-upca infringement acts

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
upc jurisdiction over pre-upca infringement acts	1	1	100%
bifurcation and referral of counterclaim for revocation to central division	1	1	100%
stay of infringement proceedings post-central division decision limited to exceptional circumstances	1	1	100%
pan-upc injunctive relief under art. 34 upca upon proof of infringement in one contracting member state	1	1	100%
third-party and public interests considered in scope of corrective measures under art. 64(4) upca	1	1	100%
claimant's choice among competent german local divisions determines competence	1	1	100%

Most-rejected arguments

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

Argument	Party	Cases
stay of infringement proceedings warranted because central division paris decision was manifestly and prima facie erroneous for failing to consider key invalidity arguments	Respondent	1
patent ep 3 646 825 is invalid (counterclaim for revocation)	Respondent	1

Most-cited prior art

References relied on across substantive merits cases, with the role they typically play.