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UPC APP 14061/2024

·EP3769722: LOW PROFILE DELIVERY SYSTEM FOR TRANSCATHETER HEART VALVE

Case details
Status
Action
Procedural application
Category
Other Procedural
Parties
Claimants
Reps: Jens Olsson; Siddharth Kusumakar; Tessa Waldron
Respondents
Reps: Andreas von Falck (Hogan Lovells International LLP); Alexander Klicznik (Hogan Lovells International LLP); Kerstin Jonen (Hogan Lovells International LLP)
Division
Nordic-Baltic RD
Judges
Technology
Pharmaceutical & Medical
Language
First decided
Aug 20, 2024
Decisions
  • 2024-08-20
    Generic application

    Procedural order from the Nordic-Baltic Regional Division (UPC_CFI_380/2023) dismissing Meril entities' application for security for costs against Edwards Lifesciences in an infringement action concerning EP 3 769 722. The Court held that the mere fact that the claimant is located in the United States does not justify ordering security for costs, as this would constitute an unjustified restriction of the right to an effective remedy; the risk of unenforceability in the US was deemed insufficient.

    Legal issues:Security for costs (Art. 69.4 UPCA, R. 158 RoP)Right to effective remedyEnforcement of UPC orders in non-EU states
Documents
  • 9FFD2D61914C79B51A999677EA259D6F_en.pdf2024-08-20EN