The court invites the claimant to select those attacks it considers the strongest and to rank them in order of importance. Once the attacks so selected are found to be unfounded, the Court considers it justified not to examin the remaining attacks. This places substantial responsibility on the parties as regards the selection and prioritisation of their objections.

By the order under discussion, the CoA overturned this decision finding that, contrary to the judgement of the CFI, the validity of the patent at issue was not established with a sufficient degree of certainty for the injunction to be issued.