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UPC CFI 189/2024
May 1, 2024·EP4151181 +2 more: PROSTHETIC HEART VALVE
- Case details
- StatusCase ClosedActionRevocationCategoryMain Revocation Action
- Parties
- ClaimantsReps: Emmanuel Larere (Cabinet Gide Loyrette Nouel AARPI); Jean-Hyacinthe de Mitry (Cabinet Gide Loyrette Nouel AARPI); Jonathan Stafford (Marks & Clerck LLP); Gregory Carty Hornsby (Marks & Clerck LLP)RespondentsReps: Siddharth Kusumakar (Powell Gilbert (Europe) LLP); Bryce Matthewson (Powell Gilbert (Europe) LLP); Jonas Weickert (Thum & Partner); Bernhard Thum (Thum & Partner)
- Division
- Paris CD
- Technology
- Medical Devices · Implants · Pharmaceutical & Medical
- Language
- English
- First decided
- Oct 20, 2025
Claims
At issue1, 4, 6, 7, 8, 9, 10, 11, 12
Amended1, 4, 6, 7, 8, 9, 10, 11, 12
Infringed1, 4, 6, 7, 8, 9, 10, 11, 12
Notes: Paris Central Division rejected revocation of EP4151181 (prosthetic heart valve); patent maintained as amended per Auxiliary Request 2; Meril entities found to infringe claims 1, 4, 6-12 as amended, with injunction granted except for XL-size valves.
Decisions
- 2025-10-20Patent amendedInjunction grantedRevocation meritsRevocation Action
Decision of the Paris Central Division (Paris Seat) dated 20 October 2025 in the revocation action by Meril entities against Edwards Lifesciences Corporation and the counterclaim for infringement by Edwards regarding EP 4 151 181 B1 (prosthetic heart valve technology). The revocation action was rejected; however, the patent was maintained only in the form of Auxiliary Request 2 (amended). The infringement counterclaim was granted: Meril entities were found to infringe claims 1, 4, 6–12 as amended. Edwards was granted an injunction preventing Meril from all infringing acts with products according to those claims in Contracting Member States, with an exception for XL-size valves (exceeding 30 mm) which was denied on proportionality grounds. Meril was ordered to provide information on infringing products, recall and destroy infringing products, and publish the decision in five media. Damages are to be determined in separate proceedings. Costs of the counterclaim were borne by Meril jointly and severally; costs of the revocation action were shared (each party bears own costs given the patent amendment dynamic).
Legal issues:Inventive step assessment using holistic approachRevocation action versus patent amendmentInfringement counterclaimProportionality of injunction for XL-size medical devicesPublic interest exception to injunctive relief under Art. 63(1) UPCARecall and publication orders - 2025-01-08Costs onlyGeneric application
Order from the Paris Central Division dated 8 January 2025 on Meril entities' application for costs (App_56782/2024) seeking reimbursement of EUR 15,000 from respondents (SWAT Medical AB and others) incurred in defending a rejected public-access-to-register application. The order clarifies that a 'decision on the merits' under R. 150 RoP means a decision concluding litigation proceedings with res judicata effect; proceedings on a public access application are not 'litigation' in that sense. The court dismissed the costs application on the basis that a public access proceeding does not produce a 'decision on the merits' that triggers the costs provisions.
Legal issues:Definition of 'decision on the merits' under R. 150 RoPCosts in public access to register proceedingsNature of R. 262 proceedings (administrative vs. litigation) - 2024-09-17Generic application
Central Division (Paris) order dismissing Meril's application to reject Edwards' counterclaim for infringement as inadmissible. The court retrospectively extended the two-month deadline under Rule 49 RoP by one week to 23 July 2024, finding the counterclaim timely. The court declined to hold a hearing before deciding.
Legal issues:Admissibility of counterclaim for infringement (Rule 49 RoP)Retrospective extension of time period (Rule 9(3) RoP)Timing of counterclaim
Documents
| Document title | Date | Public |
|---|---|---|
| action.phaseChange.caseClose | 2026-01-28 | Not public |
| Cover sheet | 2025-12-09 | Not public |
| Application document Claimant | 2025-12-09 | Not public |
| Exhibit document Claimant | 2025-12-09 | Not public |
| Exhibit document Claimant | 2025-12-09 | Not public |
| Receipt | 2025-12-09 | Not public |
| action.publishOrderDecision.decision | 2025-10-21 | Not public |
| action.issueDecision.decision | 2025-10-21 | Not public |
| Decision | 2025-10-21 | Public |
| action.phaseChange.oralPhaseClose | 2025-10-21 | Not public |
| Hearing Reference | 2025-09-12 | Not public |
| Hearing Reference | 2025-09-12 | Not public |
| Outcome of the Order | 2025-09-03 | Not public |
| closing workflow | 2025-09-03 | Public |
| Interim-Procedure-Closure | 2025-09-03 | Not public |
| Summon-Oral-Hearing | 2025-09-03 | Not public |
| rule 108 | 2025-09-03 | Public |
| Receipt | 2025-07-29 | Not public |
| Outcome of the Order | 2025-07-28 | Not public |
| closing workflow | 2025-07-28 | Public |
| closing workflow | 2025-07-28 | Not public |
| EDW-12 | 2025-07-23 | Not public |
| R. 9 application | 2025-07-23 | Not public |
| EDW-13 | 2025-07-23 | Not public |
| Receipt | 2025-07-03 | Not public |
| Application | 2025-07-02 | Not public |
| Exhibit | 2025-07-02 | Not public |
| Order 17.04.2025 anonymized | 2025-04-22 | Not public |
| Hearing-Dates | 2025-04-17 | Not public |
| rule 105 | 2025-04-17 | Not public |
| rule 105 | 2025-04-17 | Public |
| Hearing Reference | 2025-04-14 | Not public |
| Hearing Reference | 2025-04-14 | Not public |
| Fix-Interim-Conference-Date | 2025-04-04 | Not public |
| rule 35 | 2025-04-04 | Public |
| Interim-Conference-Decision | 2025-04-04 | Not public |
| Written-Procedure-Closure | 2025-04-04 | Not public |
| Outcome of the Order | 2025-04-04 | Not public |
| closing workflow | 2025-04-04 | Public |
| Outcome of the Order | 2025-04-03 | Not public |
| rule 333 | 2025-04-03 | Public |
| Receipt | 2025-03-10 | Not public |
| 05 03 2025 Written comments concerning Edwards Application to review the case management order | 2025-03-06 | Not public |
| Meril response to Edwards request to review the case management order | 2025-03-05 | Not public |
| Meril response to Edwards request to review the case management order | 2025-03-05 | Not public |
| Meril response to Edwards request to review the case management order | 2025-03-05 | Not public |
| rule 333 | 2025-02-28 | Not public |
| Acknowledgement-of-lodging | 2025-02-27 | Not public |
| Exhibit EDW-REV-02 | 2025-02-26 | Not public |
| Exhibit EDW-REV-01 | 2025-02-26 | Not public |
| R. 333 RoP Application for review of case management order | 2025-02-26 | Not public |
| Hearing-Dates | 2025-02-24 | Not public |
| rule 28 | 2025-02-11 | Public |
| 64037-2024 - 08-01-2025 | 2025-01-09 | Not public |
| Order 56782-2024 - 08.01.2025 | 2025-01-09 | Not public |
| Response to the Order of the Judge-rapporteur regarding the dates | 2024-12-30 | Not public |
| Response to the Order of the Judge-rapporteur regarding the dates | 2024-12-30 | Not public |
| Response to the Order of the Judge-rapporteur regarding the dates | 2024-12-30 | Not public |
| Submission on hearing dates | 2024-12-30 | Not public |
| Outcome of the Order | 2024-12-27 | Not public |
| closing workflow | 2024-12-27 | Public |
| closing workflow | 2024-12-27 | Not public |
| preliminary order | 2024-12-24 | Not public |
| Receipt | 2024-12-12 | Not public |
| Response to the Order of the Judge-rapporteur regarding the dates | 2024-12-12 | Not public |
| 2024.12.10 (UPC PCD) (EP 181) Submission on hearing dates | 2024-12-10 | Not public |
| Formal response to the order of the Judge-Rapporteur issued on 4 December 2024 | 2024-12-09 | Not public |
| Formal response to the order of the Judge-Rapporteur issued on 4 December 2024 | 2024-12-09 | Not public |
| Formal response to the order of the Judge-Rapporteur issued on 4 December 2024 | 2024-12-09 | Not public |
| rule 28 | 2024-12-04 | Not public |
| Hearing-Dates | 2024-12-04 | Not public |
| Outcome of the Order | 2024-11-21 | Not public |
| closing workflow | 2024-11-21 | Public |
| Outcome of the Order | 2024-11-21 | Not public |
| closing workflow | 2024-11-21 | Public |
| Receipt | 2024-11-18 | Not public |
| Gide Exhibit 101 | 2024-11-15 | Not public |
| Meril s Rejoinder to the Reply to the Defence to the Application to amend - 15 11 2024 | 2024-11-15 | Not public |
| Receipt | 2024-11-12 | Not public |
| Gide Exhibit 6 | 2024-11-12 | Not public |
| Gide Exhibit 5 | 2024-11-12 | Not public |
| Gide Exhibit 6bis | 2024-11-12 | Not public |
| Gide Exhibit 1 | 2024-11-12 | Not public |
| 12 11 2024 Rule 9 Application to comment on Edwards' rejoinder | 2024-11-12 | Not public |
| Gide Exhibit 3 | 2024-11-12 | Not public |
| Gide Exhibit 3bis | 2024-11-12 | Not public |
| Gide Exhibit 4 | 2024-11-12 | Not public |
| Gide Exhibit 2 | 2024-11-12 | Not public |
| Outcome of the Order | 2024-10-25 | Not public |
| closing workflow | 2024-10-25 | Public |
| Receipt | 2024-10-17 | Not public |
| Reply to Defence to Amendment Application | 2024-10-16 | Not public |
| Acknowledgement-of-lodging | 2024-10-16 | Not public |
| PM-2 | 2024-10-16 | Not public |
| EDW-08 | 2024-10-16 | Not public |
| EDW-11bis | 2024-10-16 | Not public |
| EDW-07 | 2024-10-16 | Not public |
| PM-1 | 2024-10-16 | Not public |
| Rejoinder | 2024-10-16 | Not public |
| EDW-06 | 2024-10-16 | Not public |
| EDW-11 | 2024-10-16 | Not public |
| EDW-09 | 2024-10-16 | Not public |
| EDW-10 | 2024-10-16 | Not public |
| EDW 05 | 2024-10-16 | Not public |
| PM-3 | 2024-10-16 | Not public |
| Outcome of the Order | 2024-10-08 | Not public |
| closing workflow | 2024-10-08 | Public |
| Outcome of the Order | 2024-10-08 | Not public |
| closing workflow | 2024-10-08 | Public |
| Headnote-and-Keywords | 2024-10-08 | Not public |
| Outcome of the Order | 2024-10-08 | Not public |
| rule 9 | 2024-10-08 | Public |
| Receipt | 2024-10-01 | Not public |
| Edwards reply to response to its request to align deadlines | 2024-09-30 | Not public |
| Receipt | 2024-09-25 | Not public |
| Application to comment on the request to align procedural deadlines 24 09 24 | 2024-09-24 | Not public |
| Gide Exhibit 6 | 2024-09-24 | Not public |
| Gide Exhibit 5 | 2024-09-24 | Not public |
| Gide Exhibit 2 | 2024-09-24 | Not public |
| Gide Exhibit 1 | 2024-09-24 | Not public |
| Gide Exhibit 3 | 2024-09-24 | Not public |
| Gide Exhibit 4 | 2024-09-24 | Not public |
| Gide Exhibit 7 | 2024-09-24 | Not public |
| Receipt | 2024-09-23 | Not public |
| 2024.09.20 Edwards Request to Align Procedural Deadlines | 2024-09-21 | Not public |
| Outcome of the Order | 2024-09-17 | Not public |
| closing workflow | 2024-09-17 | Public |
| Outcome of the Order | 2024-09-17 | Not public |
| time extension | 2024-09-17 | Public |
| Acknowledgement-of-lodging | 2024-09-16 | Not public |
| Gide Exhibit CL.60 | 2024-09-16 | Not public |
| Gide Exhibit CL.57 | 2024-09-16 | Not public |
| Gide Exhibit CL.56 | 2024-09-16 | Not public |
| Gide Exhibit CL.67 | 2024-09-16 | Not public |
| Gide Exhibit 95 | 2024-09-16 | Not public |
| Gide Exhibit CL.58 | 2024-09-16 | Not public |
| Gide Exhibit CL.64 | 2024-09-16 | Not public |
| Gide Exhibit CL.54 | 2024-09-16 | Not public |
| Gide Exhibit CL.64bis | 2024-09-16 | Not public |
| Meril s Reply to Defence to revocation and Defence to Application to amend 16 09 2024 signed | 2024-09-16 | Not public |
| Gide Exhibit 98 | 2024-09-16 | Not public |
| Gide Exhibit CL.63 | 2024-09-16 | Not public |
| Gide Exhibit CL.61 | 2024-09-16 | Not public |
| Gide Exhibit CL.59 | 2024-09-16 | Not public |
| Gide Exhibit 100 | 2024-09-16 | Not public |
| Gide Exhibit CL.66 | 2024-09-16 | Not public |
| Gide Exhibit 97 | 2024-09-16 | Not public |
| Gide Exhibit 99 | 2024-09-16 | Not public |
| Gide Exhibit CL.65 | 2024-09-16 | Not public |
| Gide Exhibit 94 | 2024-09-16 | Not public |
| Gide Exhibit 96 | 2024-09-16 | Not public |
| Gide Exhibit CL.55 | 2024-09-16 | Not public |
| Gide Exhibit CL.62 | 2024-09-16 | Not public |
| Gide Exhibit CL.58bis | 2024-09-16 | Not public |
| Receipt | 2024-09-13 | Not public |
| Application to comment the response to the request to reject Edwards counterclaim for infringement of EP 181 signed | 2024-09-13 | Not public |
| Outcome of the Order | 2024-09-11 | Not public |
| closing workflow | 2024-09-11 | Public |
| Receipt | 2024-09-11 | Not public |
| EDW-APP-07 | 2024-08-20 | Not public |
| EDW-APP-05 | 2024-08-20 | Not public |
| Edwards Response to Meril Request regarding Counterclaim for Infringement | 2024-08-20 | Not public |
| EDW-APP-03 | 2024-08-20 | Not public |
| EDW-APP-04 | 2024-08-20 | Not public |
| EDW-APP-06 | 2024-08-20 | Not public |
| EDW-APP-09 | 2024-08-20 | Not public |
| EDW-APP-08 | 2024-08-20 | Not public |
| EDW-APP-01 | 2024-08-20 | Not public |
| EDW-APP-02 | 2024-08-20 | Not public |
| preliminary order | 2024-08-08 | Not public |
| Receipt | 2024-08-07 | Not public |
| Gide Exhibit 10 | 2024-08-05 | Not public |
| Gide Exhibit 4 | 2024-08-05 | Not public |
| Gide Exhibit 9 | 2024-08-05 | Not public |
| Gide Exhibit 6 | 2024-08-05 | Not public |
| Gide Exhibit 8bis | 2024-08-05 | Not public |
| Gide Exhibit 3 | 2024-08-05 | Not public |
| Gide Exhibit 8 | 2024-08-05 | Not public |
| Gide Exhibit 5 | 2024-08-05 | Not public |
| Gide Exhibit 7 | 2024-08-05 | Not public |
| Gide Exhibit 2 | 2024-08-05 | Not public |
| Request to reject Edwards counterclaim for infringement of EP 181 05 08 2024 | 2024-08-05 | Not public |
| Gide Exhibit 1 | 2024-08-05 | Not public |
| Acknowledgement-of-lodging | 2024-07-17 | Not public |
| Formal-checks_Notification-of-positive-outcome | 2024-07-17 | Not public |
| Exhibit EDW-04 | 2024-07-17 | Not public |
| Exhibit EDW-01 | 2024-07-17 | Not public |
| Exhibit EDW-03 | 2024-07-17 | Not public |
| Defence to Statement for Revocation | 2024-07-17 | Not public |
| Exhibit EDW-02 | 2024-07-17 | Not public |
| Defence to Statement for Revocation | 2024-07-17 | Not public |
| Acknowledgement-of-lodging | 2024-07-17 | Not public |
| Formal-checks_Notification-of-positive-outcome | 2024-07-17 | Not public |
| Formal-checks_Request-for-correction | 2024-07-17 | Not public |
| EDW-CC-13 | 2024-07-17 | Not public |
| EDW-CC-08 | 2024-07-17 | Not public |
| Counterclaim for Infringement | 2024-07-17 | Not public |
| EDW-CC-16 | 2024-07-17 | Not public |
| EDW-CC-02 | 2024-07-17 | Not public |
| EDW-CC-04 | 2024-07-17 | Not public |
| EDW-CC-07 | 2024-07-17 | Not public |
| EDW-CC-03 | 2024-07-17 | Not public |
| EDW-CC-15 | 2024-07-17 | Not public |
| EDW-CC-12 | 2024-07-17 | Not public |
| EDW-CC-06 | 2024-07-17 | Not public |
| EDW-CC-14 | 2024-07-17 | Not public |
| EDW-CC-01 | 2024-07-17 | Not public |
| EDW-CC-05 | 2024-07-17 | Not public |
| EDW-CC-11 | 2024-07-17 | Not public |
| EDW-CC-09 | 2024-07-17 | Not public |
| EDW-CC-10 | 2024-07-17 | Not public |
| Exhibit EDW-03 | 2024-07-16 | Not public |
| Exhibit EDW-01 | 2024-07-16 | Not public |
| Application to Amend | 2024-07-16 | Not public |
| Exhibit EDW-02 | 2024-07-16 | Not public |
| Acknowledgement-of-lodging | 2024-07-16 | Not public |
| Exhibit EDW-04 | 2024-07-16 | Not public |
| Defence to Statement for Revocation | 2024-07-16 | Not public |
| Exhibit EDW-01 | 2024-07-16 | Not public |
| Exhibit EDW-03 | 2024-07-16 | Not public |
| Exhibit EDW-02 | 2024-07-16 | Not public |
| Acknowledgement-of-change-of-a-representative | 2024-06-19 | Not public |
| Application-RoP293-Receipt | 2024-06-18 | Not public |
| Formal-checks_Notification-of-positive-outcome | 2024-06-18 | Not public |
| Application-RoP293 | 2024-06-18 | Not public |
| Change of Representative | 2024-06-18 | Not public |
| Panel-Appointment | 2024-06-17 | Not public |
| epoUploadDocumentsWorkflow | 2024-05-21 | Not public |
| Document from EPO | 2024-05-20 | Not public |
| Acknowledgement of access to case | 2024-05-16 | Not public |
| Notification Of Service | 2024-05-16 | Not public |
| Panel-Appointment | 2024-05-16 | Not public |
| EPO-Request-for-case-pending | 2024-05-16 | Not public |
| Acknowledgement-of-lodging | 2024-05-16 | Not public |
| Formal-checks_Notification-of-positive-outcome | 2024-05-16 | Not public |
| Gide Exhibit CL. 10 | 2024-05-15 | Not public |
| Gide Exhibit CL. 40 | 2024-05-15 | Not public |
| UPC Statement for revocation EP 181 30 04 2024 - amended version 15 05 2024 signed | 2024-05-15 | Not public |
| Gide Exhibit 23 | 2024-05-15 | Not public |
| Gide Exhibit 25 | 2024-05-15 | Not public |
| Gide Exhibit CL. 45bis | 2024-05-15 | Not public |
| Gide Exhibit CL. 11 | 2024-05-15 | Not public |
| Gide Exhibit CL. 27 | 2024-05-15 | Not public |
| Gide Exhibit 55 | 2024-05-15 | Not public |
| Gide Exhibit CL. 9bis | 2024-05-15 | Not public |
| Gide Exhibit 66 | 2024-05-15 | Not public |
| Gide Exhibit CL. 12 | 2024-05-15 | Not public |
| Gide Exhibit 27 | 2024-05-15 | Not public |
| Gide Exhibit 13 | 2024-05-15 | Not public |
| Gide Exhibit 12 | 2024-05-15 | Not public |
| Gide Exhibit 67 | 2024-05-15 | Not public |
| Gide Exhibit CL. 7bis | 2024-05-15 | Not public |
| Gide Exhibit CL. 37 | 2024-05-15 | Not public |
| Gide Exhibit CL. 38 | 2024-05-15 | Not public |
| Gide Exhibit 88 | 2024-05-15 | Not public |
| Gide Exhibit CL. 30 | 2024-05-15 | Not public |
| Gide Exhibit 32 | 2024-05-15 | Not public |
| Gide Exhibit 53 | 2024-05-15 | Not public |
| Gide Exhibit CL. 10bis | 2024-05-15 | Not public |
| Gide Exhibit 19 | 2024-05-15 | Not public |
| Gide Exhibit CL. 28 | 2024-05-15 | Not public |
| Gide Exhibit 74 | 2024-05-15 | Not public |
| Gide Exhibit CL. 41bis | 2024-05-15 | Not public |
| Gide Exhibit CL. 31 | 2024-05-15 | Not public |
| Gide Exhibit 93 | 2024-05-15 | Not public |
| Gide Exhibit CL. 42bis | 2024-05-15 | Not public |
| Gide Exhibit CL. 15bis | 2024-05-15 | Not public |
| Gide Exhibit CL. 32bis | 2024-05-15 | Not public |
| Gide Exhibit 71 | 2024-05-15 | Not public |
| Gide Exhibit CL. 16 | 2024-05-15 | Not public |
| Gide Exhibit CL. 42 | 2024-05-15 | Not public |
| Gide Exhibit 16 | 2024-05-15 | Not public |
| Gide Exhibit 75 | 2024-05-15 | Not public |
| Gide Exhibit 61 | 2024-05-15 | Not public |
| Gide Exhibit 44 | 2024-05-15 | Not public |
| Gide Exhibit CL. 17 | 2024-05-15 | Not public |
| Gide Exhibit 21 | 2024-05-15 | Not public |
| Gide Exhibit CL. 25bis | 2024-05-15 | Not public |
| Gide Exhibit 9 | 2024-05-15 | Not public |
| Gide Exhibit 37 | 2024-05-15 | Not public |
| Gide Exhibit 64 | 2024-05-15 | Not public |
| Gide Exhibit 30 | 2024-05-15 | Not public |
| Gide Exhibit CL. 22 | 2024-05-15 | Not public |
| Gide Exhibit 45 | 2024-05-15 | Not public |
| Gide Exhibit 68 | 2024-05-15 | Not public |
| Gide Exhibit 38 | 2024-05-15 | Not public |
| Gide Exhibit 18 | 2024-05-15 | Not public |
| Gide Exhibit CL. 33bis | 2024-05-15 | Not public |
| Gide Exhibit 2 | 2024-05-15 | Not public |
| Gide Exhibit 82 | 2024-05-15 | Not public |
| Gide Exhibit CL. 28bis | 2024-05-15 | Not public |
| Gide Exhibit CL. 43 | 2024-05-15 | Not public |
| Gide Exhibit 76 | 2024-05-15 | Not public |
| Gide Exhibit 10 | 2024-05-15 | Not public |
| Gide Exhibit CL. 26 | 2024-05-15 | Not public |
| Gide Exhibit CL. 8bis | 2024-05-15 | Not public |
| Gide Exhibit CL. 16bis | 2024-05-15 | Not public |
| Gide Exhibit 91 | 2024-05-15 | Not public |
| Gide Exhibit 89 | 2024-05-15 | Not public |
| Gide Exhibit 52 | 2024-05-15 | Not public |
| Gide Exhibit CL. 43bis | 2024-05-15 | Not public |
| Gide Exhibit 59 | 2024-05-15 | Not public |
| Gide Exhibit CL. 32 | 2024-05-15 | Not public |
| Gide Exhibit 3 | 2024-05-15 | Not public |
| Gide Exhibit CL. 19 | 2024-05-15 | Not public |
| Gide Exhibit 46 | 2024-05-15 | Not public |
| Gide Exhibit 50 | 2024-05-15 | Not public |
| Gide Exhibit 31 | 2024-05-15 | Not public |
| Gide Exhibit 34 | 2024-05-15 | Not public |
| Gide Exhibit 35 | 2024-05-15 | Not public |
| Gide Exhibit 54 | 2024-05-15 | Not public |
| Gide Exhibit 42 | 2024-05-15 | Not public |
| Gide Exhibit 33 | 2024-05-15 | Not public |
| Gide Exhibit 5 | 2024-05-15 | Not public |
| Gide Exhibit CL. 29 | 2024-05-15 | Not public |
| Gide Exhibit 15 | 2024-05-15 | Not public |
| Gide Exhibit CL. 15 | 2024-05-15 | Not public |
| Gide Exhibit 70 | 2024-05-15 | Not public |
| Gide Exhibit CL. 35 | 2024-05-15 | Not public |
| Gide Exhibit 68bis | 2024-05-15 | Not public |
| Gide Exhibit 20 | 2024-05-15 | Not public |
| Gide Exhibit CL. 24 | 2024-05-15 | Not public |
| Gide Exhibit CL. 21 | 2024-05-15 | Not public |
| Gide Exhibit CL. 37bis | 2024-05-15 | Not public |
| Gide Exhibit CL. 9 | 2024-05-15 | Not public |
| Gide Exhibit 11 | 2024-05-15 | Not public |
| UPC Statement for Revocation EP 181 - 30 04 2024 | 2024-05-15 | Not public |
| Gide Exhibit CL. 20 | 2024-05-15 | Not public |
| Gide Exhibit CL. 7 | 2024-05-15 | Not public |
| Gide Exhibit CL. 33 | 2024-05-15 | Not public |
| Gide Exhibit CL. 34 | 2024-05-15 | Not public |
| Gide Exhibit 7 | 2024-05-15 | Not public |
| Gide Exhibit CL. 26bis | 2024-05-15 | Not public |
| Gide Exhibit CL. 41 | 2024-05-15 | Not public |
| Gide Exhibit CL. 48 | 2024-05-15 | Not public |
| Gide Exhibit CL. 13 | 2024-05-15 | Not public |
| Gide Exhibit 93bis | 2024-05-15 | Not public |
| Formal response to the request for amendments | 2024-05-15 | Not public |
| Gide Exhibit 60 | 2024-05-15 | Not public |
| Gide Exhibit CL. 19bis | 2024-05-15 | Not public |
| Gide Exhibit 85 | 2024-05-15 | Not public |
| Gide Exhibit 77 | 2024-05-15 | Not public |
| Gide Exhibit 26 | 2024-05-15 | Not public |
| Gide Exhibit 86 | 2024-05-15 | Not public |
| Gide Exhibit 29 | 2024-05-15 | Not public |
| Gide Exhibit 43 | 2024-05-15 | Not public |
| Gide Exhibit 51 | 2024-05-15 | Not public |
| Gide Exhibit 4bis | 2024-05-15 | Not public |
| Gide Exhibit CL. 36 | 2024-05-15 | Not public |
| Gide Exhibit 92 | 2024-05-15 | Not public |
| Gide Exhibit 90 | 2024-05-15 | Not public |
| Gide Exhibit 4 | 2024-05-15 | Not public |
| Gide Exhibit 47 | 2024-05-15 | Not public |
| Gide Exhibit CL. 12bis | 2024-05-15 | Not public |
| Gide Exhibit 83 | 2024-05-15 | Not public |
| Gide Exhibit 39 | 2024-05-15 | Not public |
| Gide Exhibit 78 | 2024-05-15 | Not public |
| Gide Exhibit CL. 46 | 2024-05-15 | Not public |
| Gide Exhibit 56 | 2024-05-15 | Not public |
| Gide Exhibit 22 | 2024-05-15 | Not public |
| Gide Exhibit CL. 18 | 2024-05-15 | Not public |
| Gide Exhibit 8 | 2024-05-15 | Not public |
| Gide Exhibit CL. 11bis | 2024-05-15 | Not public |
| Gide Exhibit 17bis | 2024-05-15 | Not public |
| Gide Exhibit CL. 45 | 2024-05-15 | Not public |
| Gide Exhibit CL. 52 | 2024-05-15 | Not public |
| Gide Exhibit 48 | 2024-05-15 | Not public |
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| Gide Exhibit 69 | 2024-05-15 | Not public |
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| Formal-checks_Request-for-correction | 2024-05-13 | Not public |
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| UPC Statement for Revocation EP 181 - 30 04 2024 | 2024-05-01 | Not public |
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| Gide Exhibit CL. 11bis | 2024-05-01 | Not public |
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| Gide Exhibit CL. 41bis | 2024-05-01 | Not public |
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| Gide Exhibit 4 | 2024-05-01 | Not public |
| Gide Exhibit CL. 12 | 2024-05-01 | Not public |
| Gide Exhibit CL. 15 | 2024-05-01 | Not public |
| UPC Statement for Revocation EP 181 - 30 04 2024 | 2024-05-01 | Not public |
| Gide Exhibit CL. 29bis | 2024-05-01 | Not public |
| Gide Exhibit 83 | 2024-05-01 | Not public |
| Gide Exhibit CL. 25 | 2024-05-01 | Not public |
| Gide Exhibit 32 | 2024-05-01 | Not public |
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| Gide Exhibit CL. 39bis | 2024-05-01 | Not public |
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| Gide Exhibit CL. 33bis | 2024-05-01 | Not public |
Plain-English summary
Meril Life Sciences entities sought revocation of Edwards Lifesciences' EP 4 151 181 B1 (prosthetic heart valve), which Edwards defended and pursued via a counterclaim for infringement. The Paris Central Division rejected the revocation action but maintained the patent only as amended by Auxiliary Request 2, then granted Edwards' infringement counterclaim against Meril, issuing an injunction covering all UPC member states except for XL-size valves (diameter exceeding 30 mm) where the court found the remedy disproportionate given the absence of an approved alternative for large aortic annuli.
Accepted arguments
What the court agreed with — by party.
Holistic approach to inventive step assessment, considering the invention as a whole rather than isolated features
RespondentLegal basis: Art. 56 EPCNote: The court explicitly adopted a 'holistic approach' to non-obviousness and applied it in finding that the amended claims involved an inventive step.
Infringement of amended claims 1, 4, 6-12 of EP 4 151 181 by Meril's prosthetic heart valve products
RespondentLegal basis: Art. 25(a) UPCA; Art. 63(1) UPCANote: Edwards' counterclaim for infringement was granted; Meril entities were found to infringe the patent as amended by Auxiliary Request 2.
Injunction should be denied for XL-size valves (diameter exceeding 30 mm) on proportionality grounds given absence of alternative treatment
ClaimantLegal basis: Art. 63(1) UPCANote: The court refused the injunction for XL-size valves because their exclusion from commerce would harm patients with large aortic annuli where no suitable alternative valve was approved, making the injunction disproportionate until an alternative becomes available.
Realistic starting point for inventive step must be a document of interest that addresses the same or similar underlying problem
RespondentLegal basis: Art. 56 EPCNote: Court laid down as headnote that a realistic starting point discloses the main relevant features and has constituted a basis for developing the inventive idea.
Rejected arguments
What the court did not agree with — and why.
Revocation of EP 4 151 181 B1 as granted for lack of inventive step
ClaimantLegal basis: Art. 56 EPCReason: Court dismissed the revocation action, finding sufficient inventive step in the amended claims; patent maintained as amended by Auxiliary Request 2.
Edwards' counterclaim for infringement is inadmissible as filed outside the two-month deadline under R. 49 RoP
ClaimantLegal basis: R. 49 RoP; R. 9(3)(a) RoPReason: Counterclaim was timely; the JR retrospectively extended the time period to 23 July 2024 under R. 9(3)(a) RoP because CMS technical issues beyond the respondent's control prevented proper lodging.
Injunction should extend to XL-size prosthetic heart valves (exceeding 30 mm diameter)
RespondentLegal basis: Art. 63(1) UPCAReason: Court refused the XL-size injunction as disproportionate under Art. 63(1) UPCA: requiring physician compliance mechanisms would be burdensome and inappropriate, and no alternative large-annulus valve is approved, creating a patient-care gap.
Costs application for EUR 15,000 arising from rejected public-access-to-register proceedings
ClaimantLegal basis: R. 150 RoPReason: Public access proceedings do not produce a 'decision on the merits' capable of res judicata effects and therefore do not trigger the costs provisions of R. 150 RoP.
Key legal principles
Doctrines and rules cited in the reasoning.
Holistic approach to inventive step: assess non-obviousness of the invention as a wholeRealistic starting point for inventive step is a document addressing the same or similar problemCourt has discretionary power to deny injunction where disproportionate (Art. 63(1) UPCA)Excluding a product from market does not per se engage relevant public interest unless patients would be left without adequate treatmentTechnical objective problem must be derived from effects causally related to claimed technical featuresA 'decision on the merits' under R. 150 RoP requires litigation proceedings with res judicata effect; public-access proceedings do not qualifyCMS technical malfunction can justify retrospective time extension (R. 9(3)(a) RoP)
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