UPC CFI 249/2023

At the UPC: Edwards Lifesciences Group (57 cases)·Meril Group (60 cases)

• 2023-12-19
  Application for provisional measuresPublic

  Summary: The Munich Local Division issued a costs order following the discontinuation of provisional measures proceedings after the respondents (Meril) provided an undertaking to cease the contested acts. The court found the proceedings had become moot, declared the PI application resolved, and ordered the respondents to bear the applicant's costs up to a ceiling of EUR 200,000, holding that respondents had unnecessarily caused those costs.

  Show the legal issues (4)

  • Application of Rule 360 RoP (mootness) to provisional measures proceedings
  • Costs order under Rule 118.5 RoP following discontinuation
  • Cost ceiling and assessment of recoverable costs
  • Leave to appeal
• 2023-08-28
  Application for provisional measuresPublic

  Summary: The Munich Local Division scheduled an oral hearing for 10 October 2023 in provisional measures proceedings by Edwards Lifesciences against Meril GmbH (EP 3 763 331), setting timelines for responses to objections and arranging simultaneous interpretation.

  Show the legal issues (2)

  • Scheduling oral hearing in provisional measures proceedings
  • Simultaneous interpretation R. 109 RoP
• 2023-08-14
  Application for provisional measuresPublic

  Summary: The Munich Local Division held that successful service on one co-defendant could constitute effective alternative service on another co-defendant under Rule 275.2 RoP in Edwards Lifesciences' infringement action, given CMS malfunction.

  Show the legal issues (3)

  • Alternative service Rule 275.2 RoP
  • CMS malfunction
  • Multiple defendants service