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UPC APP 100/2024

·EP3763331: PROSTHETIC VALVE CRIMPING DEVICE

Case details
Status
Action
Procedural application
Category
Case Management Orders
Parties
Claimants
Reps: Boris Kreye (Bird & Bird LLP); Anika Boche (Bird & Bird LLP)
Respondents
Reps: Andreas von Falck (Hogan Lovells International LLP); Roman Würtenberger (Hogan Lovells International LLP); Beatrice Wilden (Hogan Lovells International LLP)
Division
Court of Appeal
Judges
  • Peter Blok · Legally Qualified Judge / Judge-Rapporteur
Technology
Pharmaceutical & Medical
Language
First decided
Jan 18, 2024
Decisions
  • 2024-01-18
    Application Rop 223

    Order of the Court of Appeal (single judge) on an application by Meril GmbH and Meril Life Sciences for suspensive effect of their appeal against the Munich Local Division's costs order in the Edwards Lifesciences provisional measures proceedings (EP 3 763 331, crimping device for heart valve prostheses). After Meril submitted a cease-and-desist undertaking accepted by Edwards, the provisional measures action became devoid of purpose. The first-instance court ordered Meril to bear costs up to EUR 200,000 and set the value at EUR 1,500,000. Meril sought suspensive effect of the costs portion of the appeal.

    Legal issues:Suspensive effect of appeal in provisional measures costs proceedingsCosts allocation after cease-and-desist undertakingAction devoid of purpose
  • 2024-01-18
    Application Rop 223

    Signed version of the order of the Court of Appeal (single judge) on Meril's application for suspensive effect in the Meril v. Edwards Lifesciences appeal (EP 3 763 331, crimping device). This appears to be an earlier or signed copy of the same order as the previous file (Anordung aufschiebende Wirkung Meril-Edwards EN.pdf), issued on 18 January 2024 and concerning the same application for suspensive effect of Meril's appeal against the first-instance costs order.

    Legal issues:Suspensive effect of appeal in provisional measures costs proceedingsCosts allocation after cease-and-desist undertaking
Documents
  • Anordung%20aufschiebende%20Wirkung%20Meril-Edwards%20EN.pdf2024-01-18GERMAN
  • Anordung%20aufschiebende%20Wirkung%20Meril-Edwards%20signed.pdf2024-01-18GERMAN