UPC APP 52773/2024

—·EP4151181: PROSTHETIC HEART VALVE

Case details: Status
—
Action
Procedural application
Category
Other Procedural
Parties: Claimants
Edwards Lifesciences Corporation
Reps: Siddharth Kusumakar (Powell Gilbert (Europe) LLP); Adam Rimmer (Powell Gilbert (Europe) LLP); Jonas Weickert (Thum & Partner)
Respondents
Meril Life Sciences Pvt Ltd.
Meril GmbH
Meril Italy S.r.l.
Reps: Emmanuel Larere (Cabinet Gide Loyrette Nouel AARPI); Jean-Hyacinthe de Mitry (Cabinet Gide Loyrette Nouel AARPI)
Division: Paris CD
Judges: Paolo Catallozzi · Presiding judge and judge-rapporteur
Tatyana Zhilova · Legally qualified judge
Elisabetta Papa · Technically qualified judge
Technology: Pharmaceutical & Medical
Language: —
First decided: Oct 8, 2024

Decisions

2024-10-08
Generic application
Paris Central Division (judge-rapporteur) denied Edwards Lifesciences Corporation's application for a time extension to file its rejoinder in proceedings UPC_CFI_189/2024, holding that the principle of procedural efficiency must yield to the fair trial principle only where the extension would not disadvantage the party who had already complied with the shorter ordinary deadline. Since the respondents (Meril) had already met the ordinary deadline, granting Edwards an extension would be unfair.
Legal issues:Extension of time periods under Rule 9 RoPProcedural efficiency vs fair trialEffect of opposing party having already met the shorter deadline

Documents