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UPC CFI 501/2023
Dec 27, 2023·EP3669828 +1 more: PROSTHETIC HEART VALVE
- Case details
- StatusCase ClosedActionInfringementCategoryMain Infringement Action
- Parties
- Division
- Munich LD
- Technology
- Medical Devices · Implants · Pharmaceutical & Medical
- Language
- English
Claims
At issueall
Infringedall
Notes: Munich LD found Meril entities infringe EP3669828 (prosthetic heart valve); invalidity counterclaim dismissed; injunction, recall, and provisional damages of EUR 663,000 ordered; specific claim numbers not enumerated in excerpt.
Decisions
- 2025-04-04InfringedInjunction grantedInfringement Action
Infringement action by Edwards Lifesciences Corporation against Meril GmbH, Meril Life Sciences Pvt Ltd, and Meril Italy S.r.l. concerning transcatheter heart valve (Myval THV) and EP 3 669 828. The court found infringement, dismissed the invalidity counterclaim (patent valid), and ordered: injunction, recall, seizure and destruction, disclosure of sales data, provisional damages of EUR 663,000, publication of decision in five media outlets. Decision immediately and directly enforceable from date of service. Key headnotes: jurisdiction for multiple defendants with commercial relationship; problem-solution approach for inventive step; cease-and-desist without penalty clause insufficient.
Legal issues:Jurisdiction over multiple defendants (Art. 33(1)(b) UPCA)Inventive step - problem-solution approachCease-and-desist without penalty clause insufficientImmediate enforceability (Rule 354.1 RoP)Infringement by transcatheter heart valveDamages: 663,000 - 2024-07-29Infringement Action
Munich Local Division issued a case management order fixing dates for the interim conference and oral hearing in this infringement action concerning heart valve technology, balancing the claimant's right to a hearing within one year of service with defendants' representative availability constraints.
Legal issues:Case management – scheduling of interim conference and oral hearingRight to oral hearing within one year of service
Documents
| Document title | Date | Public |
|---|---|---|
| Note | 2026-05-05 | Not public |
| Note | 2026-04-09 | Not public |
| Receipt | 2026-04-02 | Not public |
| Cover sheet | 2026-04-02 | Not public |
| Fee | 2026-04-02 | Not public |
| Proof of payment | 2026-04-02 | Not public |
| Exhibit Applicant | 2026-04-02 | Not public |
| Exhibit Applicant | 2026-04-02 | Not public |
| Exhibit Applicant | 2026-04-02 | Not public |
| Exhibit Applicant | 2026-04-02 | Not public |
| Exhibit Applicant | 2026-04-02 | Not public |
| Exhibit Applicant | 2026-04-02 | Not public |
| Exhibit Applicant | 2026-04-02 | Not public |
| Exhibit Applicant | 2026-04-02 | Not public |
| Exhibit Applicant | 2026-04-02 | Not public |
| Exhibit Applicant | 2026-04-02 | Not public |
| Exhibit Applicant | 2026-04-02 | Not public |
| Application document Applicant | 2026-04-02 | Not public |
| Receipt | 2026-04-02 | Not public |
| Cover sheet | 2026-04-02 | Not public |
| Exhibit Claimant | 2026-04-02 | Not public |
| Application document Claimant | 2026-04-02 | Not public |
| action.communication.general | 2026-04-01 | Not public |
| Note | 2026-02-18 | Not public |
| action.communication.general | 2026-02-09 | Not public |
| Other Documents | 2026-02-09 | Not public |
| Headnote-and-Keywords | 2025-06-04 | Not public |
| Outcome of the Order | 2025-06-04 | Not public |
| R 353 final | 2025-06-04 | Public |
| Outcome of the Order | 2025-06-04 | Not public |
| R 353 final | 2025-06-04 | Public |
| Comments on Request for Rectification | 2025-05-28 | Not public |
| Receipt | 2025-05-14 | Not public |
| Clarification regarding request for rectification | 2025-05-14 | Not public |
| R 353 - oberservations | 2025-05-09 | Not public |
| Receipt | 2025-05-06 | Not public |
| Application under R 353 RoP | 2025-05-05 | Not public |
| Headnote-and-Keywords | 2025-04-14 | Not public |
| R 118.8 final | 2025-04-14 | Public |
| Comments | 2025-04-14 | Not public |
| Comments | 2025-04-14 | Not public |
| Comments | 2025-04-14 | Not public |
| R 118.8 - observations | 2025-04-10 | Not public |
| Receipt | 2025-04-10 | Not public |
| Application | 2025-04-10 | Not public |
| Headnote-and-Keywords | 2025-04-04 | Not public |
| DecisionOutcome | 2025-04-04 | Not public |
| decision final signed | 2025-04-04 | Public |
| workflow closed | 2025-04-03 | Not public |
| Hearing Reference - 11.02.2025 | 2025-04-01 | Not public |
| Hearing Reference - 11.02.2025 | 2025-04-01 | Not public |
| Headnote-and-Keywords | 2025-02-05 | Not public |
| Interim-Procedure-Closure | 2025-02-05 | Not public |
| Summon-Oral-Hearing | 2025-02-05 | Not public |
| scheduling final | 2025-02-05 | Public |
| Hearing-Dates | 2025-02-05 | Not public |
| Receipt_physicalExhibit | 2025-02-04 | Not public |
| Confirmation of Receipt | 2025-02-04 | Not public |
| Receipt_physicalExhibit | 2025-02-04 | Not public |
| Confirmation of Receipt | 2025-02-04 | Not public |
| Receipt_physicalExhibit | 2025-02-04 | Not public |
| Confirmation of Receipt | 2025-02-04 | Not public |
| Receipt_physicalExhibit | 2025-02-04 | Not public |
| Confirmation of Receipt | 2025-02-04 | Not public |
| Receipt_physicalExhibit | 2025-02-04 | Not public |
| Confirmation of Receipt | 2025-02-04 | Not public |
| Receipt_physicalExhibit | 2025-02-04 | Not public |
| Confirmation of Receipt | 2025-02-04 | Not public |
| Receipt_physicalExhibit | 2025-02-04 | Not public |
| Confirmation of Receipt | 2025-02-04 | Not public |
| Receipt_physicalExhibit | 2025-02-04 | Not public |
| Confirmation of Receipt | 2025-02-04 | Not public |
| Receipt_physicalExhibit | 2025-02-04 | Not public |
| Confirmation of Receipt | 2025-02-04 | Not public |
| Reply to Order dated 20 December 2024 | 2025-01-30 | Not public |
| Reply to Order dated 20 December 2024 | 2025-01-30 | Not public |
| Reply to Order dated 20 December 2024 | 2025-01-30 | Not public |
| Receipt | 2025-01-30 | Not public |
| Exhibit EDW M-3 | 2025-01-30 | Not public |
| Exhibit EDW M-9 | 2025-01-30 | Not public |
| Exhibit EDW M-8 | 2025-01-30 | Not public |
| Exhibit EDW M-2 | 2025-01-30 | Not public |
| Exhibit EDW M-6 | 2025-01-30 | Not public |
| Exhibit EDW M-5 | 2025-01-30 | Not public |
| Exhibit EDW M-7 | 2025-01-30 | Not public |
| Exhibit EDW M-1 | 2025-01-30 | Not public |
| Submission on Physical Exhibits | 2025-01-30 | Not public |
| Exhibit EDW M-4 | 2025-01-30 | Not public |
| Receipt | 2025-01-30 | Not public |
| Formal Response to the Order of the Court | 2025-01-30 | Not public |
| Exhibit HL-CC 19 | 2025-01-30 | Not public |
| Exhibit HL-CC 18 | 2025-01-30 | Not public |
| Submission of Models and Illustrations | 2025-01-30 | Not public |
| Exhibit HL-CC 17 | 2025-01-30 | Not public |
| Exhibit HL-CC 20 | 2025-01-30 | Not public |
| Headnote-and-Keywords | 2024-12-20 | Not public |
| R 105.5 and 263 final | 2024-12-20 | Public |
| Outcome of the Order | 2024-12-20 | Not public |
| R 105.5 and 263 final | 2024-12-20 | Public |
| Hearing Reference | 2024-12-20 | Not public |
| Hearing Reference | 2024-12-20 | Not public |
| Written-Procedure-Closure | 2024-12-20 | Not public |
| Hearing-Dates | 2024-11-18 | Not public |
| R 263 - oral comments | 2024-11-18 | Not public |
| Hearing-Dates | 2024-11-11 | Not public |
| Topics for Interim Conference | 2024-11-04 | Not public |
| Topics for Interim Conference | 2024-11-04 | Not public |
| Topics for Interim Conference | 2024-11-04 | Not public |
| Comments | 2024-11-04 | Not public |
| Comments | 2024-11-04 | Not public |
| Comments | 2024-11-04 | Not public |
| List of topics for interim conference | 2024-11-04 | Not public |
| R 37.2 final signed | 2024-10-27 | Public |
| R 263 - comments | 2024-10-25 | Not public |
| Receipt | 2024-10-18 | Not public |
| Exhibit K-D 1 | 2024-10-17 | Not public |
| Clarification of Requests | 2024-10-17 | Not public |
| Exhibit K-D 2 | 2024-10-17 | Not public |
| Exhibit K-D 3 | 2024-10-17 | Not public |
| Comments | 2024-10-11 | Not public |
| Comments | 2024-10-11 | Not public |
| Comments | 2024-10-11 | Not public |
| Comments | 2024-10-11 | Not public |
| R 37.2 - comments | 2024-10-02 | Not public |
| scheduling final - reducted | 2024-09-09 | Not public |
| Acknowledgement-of-lodging | 2024-09-02 | Not public |
| Acknowledgement-of-lodging | 2024-09-02 | Not public |
| Acknowledgement-of-lodging | 2024-09-02 | Not public |
| Exhibit HL 38 | 2024-09-02 | Not public |
| Exhibit HL 37a | 2024-09-02 | Not public |
| Exhibit HL 37 | 2024-09-02 | Not public |
| Rejoinder | 2024-09-02 | Not public |
| Exhibit HL 39 | 2024-09-02 | Not public |
| Exhibit HL 38a | 2024-09-02 | Not public |
| Exhibit HL 39 | 2024-09-02 | Not public |
| Rejoinder | 2024-09-02 | Not public |
| Exhibit HL 37 | 2024-09-02 | Not public |
| Exhibit HL 38a | 2024-09-02 | Not public |
| Exhibit HL 37a | 2024-09-02 | Not public |
| Exhibit HL 38 | 2024-09-02 | Not public |
| Exhibit HL 39 | 2024-09-02 | Not public |
| Exhibit HL 38a | 2024-09-02 | Not public |
| Exhibit HL 37 | 2024-09-02 | Not public |
| Exhibit HL 37a | 2024-09-02 | Not public |
| Exhibit HL 38 | 2024-09-02 | Not public |
| Rejoinder | 2024-09-02 | Not public |
| Headnote-and-Keywords | 2024-07-29 | Not public |
| scheduling final | 2024-07-29 | Public |
| scheduling final | 2024-07-29 | Not public |
| Template-Order | 2024-07-29 | Not public |
| Comments on hearing dates | 2024-07-23 | Not public |
| Comments on hearing dates | 2024-07-23 | Not public |
| Comments on hearing dates | 2024-07-23 | Not public |
| Comments on Preliminary Order | 2024-07-23 | Not public |
| scheduling comments (2) | 2024-07-18 | Not public |
| Comments | 2024-07-16 | Not public |
| Comments | 2024-07-16 | Not public |
| Comments | 2024-07-16 | Not public |
| Comments to Preliminary Order on Dates | 2024-07-15 | Not public |
| Panel-Appointment | 2024-07-11 | Not public |
| R 9 - R 30 - comments | 2024-07-11 | Not public |
| scheduling - comments | 2024-07-11 | Not public |
| Hearing-Dates | 2024-07-11 | Not public |
| Receipt | 2024-07-03 | Not public |
| Application to Amend | 2024-07-02 | Not public |
| Exhibit EDW-CC-1 | 2024-07-02 | Not public |
| Exhibit EDW-CC-4 | 2024-07-02 | Not public |
| Exhibit EDW-CC-5 | 2024-07-02 | Not public |
| Exhibit EDW-CC-2 | 2024-07-02 | Not public |
| Exhibit EDW-CC-3 | 2024-07-02 | Not public |
| Acknowledgement-of-lodging | 2024-07-01 | Not public |
| Exhibit K 73 | 2024-07-01 | Not public |
| Exhibit K 64 | 2024-07-01 | Not public |
| Exhibit K 61 | 2024-07-01 | Not public |
| Exhibit K 64 | 2024-07-01 | Not public |
| Exhibit K 91 | 2024-07-01 | Not public |
| Exhibit K 60 | 2024-07-01 | Not public |
| Exhibit K 67 | 2024-07-01 | Not public |
| Exhibit K 70 | 2024-07-01 | Not public |
| Exhibit K 89 | 2024-07-01 | Not public |
| Exhibit K 84 | 2024-07-01 | Not public |
| Exhibit K 85 | 2024-07-01 | Not public |
| Exhibit K 90 | 2024-07-01 | Not public |
| Exhibit K 83 | 2024-07-01 | Not public |
| Exhibit K 65 | 2024-07-01 | Not public |
| Exhibit K 75 | 2024-07-01 | Not public |
| Exhibit K 87 | 2024-07-01 | Not public |
| Exhibit K 82 | 2024-07-01 | Not public |
| Exhibit K 78 | 2024-07-01 | Not public |
| Exhibit K 70 | 2024-07-01 | Not public |
| Exhibit K 63 | 2024-07-01 | Not public |
| Exhibit K 95 | 2024-07-01 | Not public |
| Exhibit K 71 | 2024-07-01 | Not public |
| Exhibit K 96 | 2024-07-01 | Not public |
| Exhibit K 86 | 2024-07-01 | Not public |
| Exhibit K 88 | 2024-07-01 | Not public |
| Exhibit K 58 | 2024-07-01 | Not public |
| Exhibit K 77 | 2024-07-01 | Not public |
| Exhibit K 67 | 2024-07-01 | Not public |
| Exhibit K 63 | 2024-07-01 | Not public |
| Exhibit K 73 | 2024-07-01 | Not public |
| Exhibit K 94 | 2024-07-01 | Not public |
| Exhibit K 68 | 2024-07-01 | Not public |
| Exhibit K 79 | 2024-07-01 | Not public |
| Exhibit K 62 | 2024-07-01 | Not public |
| Exhibit K 59 | 2024-07-01 | Not public |
| Exhibit K 74 | 2024-07-01 | Not public |
| Exhibit K 92 | 2024-07-01 | Not public |
| Exhibit K 66 | 2024-07-01 | Not public |
| Exhibit K 72 | 2024-07-01 | Not public |
| Exhibit K 76 | 2024-07-01 | Not public |
| Exhibit K 69 | 2024-07-01 | Not public |
| Exhibit K 66 | 2024-07-01 | Not public |
| Exhibit K 81 | 2024-07-01 | Not public |
| Reply | 2024-07-01 | Not public |
| Exhibit K 80 | 2024-07-01 | Not public |
| Exhibit K 65 | 2024-07-01 | Not public |
| Exhibit K 93 | 2024-07-01 | Not public |
| Exhibit K 62 | 2024-07-01 | Not public |
| Acknowledgement-of-lodging | 2024-07-01 | Not public |
| Exhibit K 86 | 2024-07-01 | Not public |
| Exhibit K 73 | 2024-07-01 | Not public |
| Exhibit K 60 | 2024-07-01 | Not public |
| Exhibit K 78 | 2024-07-01 | Not public |
| Exhibit K 75 | 2024-07-01 | Not public |
| Exhibit K 58 | 2024-07-01 | Not public |
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| Exhibit K 61 | 2024-07-01 | Not public |
| Exhibit K 67 | 2024-07-01 | Not public |
| Exhibit K 96 | 2024-07-01 | Not public |
| Exhibit K 64 | 2024-07-01 | Not public |
| Exhibit K 87 | 2024-07-01 | Not public |
| Exhibit K 83 | 2024-07-01 | Not public |
| Exhibit K 62 | 2024-07-01 | Not public |
| Exhibit K 68 | 2024-07-01 | Not public |
| Exhibit K 76 | 2024-07-01 | Not public |
| Exhibit K 66 | 2024-07-01 | Not public |
| Reply | 2024-07-01 | Not public |
| Exhibit K 66 | 2024-07-01 | Not public |
| Exhibit K 72 | 2024-07-01 | Not public |
| Exhibit K 85 | 2024-07-01 | Not public |
| Exhibit K 67 | 2024-07-01 | Not public |
| Exhibit K 91 | 2024-07-01 | Not public |
| Exhibit K 64 | 2024-07-01 | Not public |
| Exhibit K 65 | 2024-07-01 | Not public |
| Exhibit K 93 | 2024-07-01 | Not public |
| Exhibit K 63 | 2024-07-01 | Not public |
| Exhibit K 73 | 2024-07-01 | Not public |
| Exhibit K 80 | 2024-07-01 | Not public |
| Exhibit K 89 | 2024-07-01 | Not public |
| Exhibit K 59 | 2024-07-01 | Not public |
| Exhibit K 63 | 2024-07-01 | Not public |
| Exhibit K 77 | 2024-07-01 | Not public |
| Exhibit K 65 | 2024-07-01 | Not public |
| Exhibit K 92 | 2024-07-01 | Not public |
| Exhibit K 95 | 2024-07-01 | Not public |
| Exhibit K 62 | 2024-07-01 | Not public |
| Exhibit K 70 | 2024-07-01 | Not public |
| Exhibit K 84 | 2024-07-01 | Not public |
| Exhibit K 70 | 2024-07-01 | Not public |
| Exhibit K 94 | 2024-07-01 | Not public |
| Exhibit K 88 | 2024-07-01 | Not public |
| Exhibit K 81 | 2024-07-01 | Not public |
| Acknowledgement-of-lodging | 2024-07-01 | Not public |
| Exhibit K 88 | 2024-07-01 | Not public |
| Exhibit K 78 | 2024-07-01 | Not public |
| Exhibit K 95 | 2024-07-01 | Not public |
| Exhibit K 68 | 2024-07-01 | Not public |
| Exhibit K 67 | 2024-07-01 | Not public |
| Exhibit K 94 | 2024-07-01 | Not public |
| Exhibit K 64 | 2024-07-01 | Not public |
| Exhibit K 83 | 2024-07-01 | Not public |
| Exhibit K 66 | 2024-07-01 | Not public |
| Exhibit K 76 | 2024-07-01 | Not public |
| Exhibit K 62 | 2024-07-01 | Not public |
| Exhibit K 65 | 2024-07-01 | Not public |
| Exhibit K 67 | 2024-07-01 | Not public |
| Exhibit K 61 | 2024-07-01 | Not public |
| Exhibit K 63 | 2024-07-01 | Not public |
| Exhibit K 71 | 2024-07-01 | Not public |
| Exhibit K 81 | 2024-07-01 | Not public |
| Exhibit K 74 | 2024-07-01 | Not public |
| Exhibit K 73 | 2024-07-01 | Not public |
| Reply | 2024-07-01 | Not public |
| Exhibit K 84 | 2024-07-01 | Not public |
| Exhibit K 75 | 2024-07-01 | Not public |
| Exhibit K 92 | 2024-07-01 | Not public |
| Exhibit K 64 | 2024-07-01 | Not public |
| Exhibit K 90 | 2024-07-01 | Not public |
| Exhibit K 59 | 2024-07-01 | Not public |
| Exhibit K 60 | 2024-07-01 | Not public |
| Exhibit K 80 | 2024-07-01 | Not public |
| Exhibit K 70 | 2024-07-01 | Not public |
| Exhibit K 77 | 2024-07-01 | Not public |
| Exhibit K 66 | 2024-07-01 | Not public |
| Exhibit K 93 | 2024-07-01 | Not public |
| Exhibit K 69 | 2024-07-01 | Not public |
| Exhibit K 82 | 2024-07-01 | Not public |
| Exhibit K 62 | 2024-07-01 | Not public |
| Exhibit K 58 | 2024-07-01 | Not public |
| Exhibit K 85 | 2024-07-01 | Not public |
| Exhibit K 89 | 2024-07-01 | Not public |
| Exhibit K 96 | 2024-07-01 | Not public |
| Exhibit K 86 | 2024-07-01 | Not public |
| Exhibit K 72 | 2024-07-01 | Not public |
| Exhibit K 65 | 2024-07-01 | Not public |
| Exhibit K 91 | 2024-07-01 | Not public |
| Exhibit K 87 | 2024-07-01 | Not public |
| Exhibit K 73 | 2024-07-01 | Not public |
| Exhibit K 79 | 2024-07-01 | Not public |
| Exhibit K 63 | 2024-07-01 | Not public |
| Exhibit K 70 | 2024-07-01 | Not public |
| Outcome of the Order | 2024-07-01 | Not public |
| R. 158 Order | 2024-07-01 | Public |
| Exhibit K-C01 | 2024-05-14 | Not public |
| Submission | 2024-05-14 | Not public |
| Headnote-and-Keywords | 2024-05-07 | Not public |
| opportunity to comment | 2024-05-07 | Not public |
| Receipt | 2024-05-03 | Not public |
| Application pursuant to Rule 158 | 2024-05-03 | Not public |
| Formal-checks_Notification-of-positive-outcome | 2024-04-29 | Not public |
| Formal-checks_Notification-of-positive-outcome | 2024-04-29 | Not public |
| Acknowledgement-of-lodging | 2024-04-29 | Not public |
| Formal-checks_Notification-of-positive-outcome | 2024-04-29 | Not public |
| Acknowledgement-of-lodging | 2024-04-26 | Not public |
| Exhibit HL 34 | 2024-04-26 | Not public |
| Exhibit HL 2 | 2024-04-26 | Not public |
| Exhibit HL 18 | 2024-04-26 | Not public |
| Exhibit HL 12 | 2024-04-26 | Not public |
| Exhibit HL 10a | 2024-04-26 | Not public |
| Exhibit HL 31 | 2024-04-26 | Not public |
| Exhibit HL 22 | 2024-04-26 | Not public |
| Exhibit HL 6a | 2024-04-26 | Not public |
| Exhibit HL 13 | 2024-04-26 | Not public |
| Exhibit HL 24 | 2024-04-26 | Not public |
| Exhibit HL 28 | 2024-04-26 | Not public |
| Exhibit HL 29 | 2024-04-26 | Not public |
| Exhibit HL 8a | 2024-04-26 | Not public |
| Exhibit HL 14 | 2024-04-26 | Not public |
| Exhibit HL 36 | 2024-04-26 | Not public |
| Exhibit HL 17 | 2024-04-26 | Not public |
| Exhibit HL 15 | 2024-04-26 | Not public |
| Exhibit HL 7 | 2024-04-26 | Not public |
| Exhibit HL 9 | 2024-04-26 | Not public |
| Exhibit HL 8 | 2024-04-26 | Not public |
| Statement of Defence | 2024-04-26 | Not public |
| Exhibit HL 16 | 2024-04-26 | Not public |
| Exhibit HL 25 | 2024-04-26 | Not public |
| Exhibit HL 35 | 2024-04-26 | Not public |
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| Exhibit HL 19 | 2024-04-26 | Not public |
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| Exhibit HL 21 | 2024-04-26 | Not public |
| Exhibit HL 7a | 2024-04-26 | Not public |
| Exhibit HL 33 | 2024-04-26 | Not public |
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| Exhibit HL 30 | 2024-04-26 | Not public |
| Exhibit HL 11 | 2024-04-26 | Not public |
| Exhibit HL 13a | 2024-04-26 | Not public |
| Exhibit HL 6 | 2024-04-26 | Not public |
| Exhibit HL 9a | 2024-04-26 | Not public |
| Exhibit HL 3 | 2024-04-26 | Not public |
| Exhibit HL 10 | 2024-04-26 | Not public |
| Exhibit HL 27 | 2024-04-26 | Not public |
| Acknowledgement-of-lodging | 2024-04-26 | Not public |
| Exhibit HL 22 | 2024-04-26 | Not public |
| Exhibit HL 3 | 2024-04-26 | Not public |
| Exhibit HL 25 | 2024-04-26 | Not public |
| Exhibit HL 19 | 2024-04-26 | Not public |
| Exhibit HL 6a | 2024-04-26 | Not public |
| Exhibit HL 29 | 2024-04-26 | Not public |
| Exhibit HL 35 | 2024-04-26 | Not public |
| Exhibit HL 16 | 2024-04-26 | Not public |
| Exhibit HL 5 | 2024-04-26 | Not public |
| Exhibit HL 8 | 2024-04-26 | Not public |
| Exhibit HL 1 | 2024-04-26 | Not public |
| Exhibit HL 15 | 2024-04-26 | Not public |
| Exhibit HL 9 | 2024-04-26 | Not public |
| Exhibit HL 36 | 2024-04-26 | Not public |
| Statement of Defence | 2024-04-26 | Not public |
| Exhibit HL 12 | 2024-04-26 | Not public |
| Exhibit HL 10a | 2024-04-26 | Not public |
| Exhibit HL 20 | 2024-04-26 | Not public |
| Exhibit HL 31 | 2024-04-26 | Not public |
| Exhibit HL 6 | 2024-04-26 | Not public |
| Exhibit HL 13 | 2024-04-26 | Not public |
| Exhibit HL 33 | 2024-04-26 | Not public |
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| Exhibit HL 13a | 2024-04-26 | Not public |
| Exhibit HL 21 | 2024-04-26 | Not public |
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| Exhibit HL 9a | 2024-04-26 | Not public |
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| Exhibit HL 30 | 2024-04-26 | Not public |
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| Exhibit HL 23 | 2024-04-26 | Not public |
| Exhibit HL 34 | 2024-04-26 | Not public |
| Exhibit HL 7a | 2024-04-26 | Not public |
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| Exhibit HL 21 | 2024-04-26 | Not public |
| Exhibit HL 7 | 2024-04-26 | Not public |
| Exhibit HL 20 | 2024-04-26 | Not public |
| Exhibit HL 15 | 2024-04-26 | Not public |
| Exhibit HL 10 | 2024-04-26 | Not public |
| Exhibit HL 10a | 2024-04-26 | Not public |
| Exhibit HL 16 | 2024-04-26 | Not public |
| Exhibit HL 13 | 2024-04-26 | Not public |
| Exhibit HL 12 | 2024-04-26 | Not public |
| Exhibit HL 1 | 2024-04-26 | Not public |
| Exhibit HL 26 | 2024-04-26 | Not public |
| Exhibit HL 32 | 2024-04-26 | Not public |
| Exhibit HL 27 | 2024-04-26 | Not public |
| Exhibit HL 33 | 2024-04-26 | Not public |
| Exhibit HL 25 | 2024-04-26 | Not public |
| Statement of Defence | 2024-04-26 | Not public |
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| Exhibit HL 10a | 2024-04-26 | Not public |
| Statement of Defence | 2024-04-26 | Not public |
| Exhibit HL 22 | 2024-04-26 | Not public |
| Exhibit HL 7 | 2024-04-26 | Not public |
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| Exhibit HL 26 | 2024-04-26 | Not public |
| Formal-checks_Request-for-correction | 2024-04-15 | Not public |
| procedural order re extension request | 2024-04-09 | Public |
| Outcome of the Order | 2024-04-09 | Not public |
| procedural order re extension request | 2024-04-09 | Public |
| Objection to Defendants Request for Extension | 2024-04-03 | Not public |
| Objection to Defendants Request for Extension | 2024-04-03 | Not public |
| Panel-Appointment | 2024-04-02 | Not public |
| claimant can comment on the application | 2024-03-28 | Not public |
| Receipt | 2024-03-28 | Not public |
| claimant has the opportunity to comment | 2024-03-27 | Not public |
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| Stellungnahme auf vorläufige Anordnung | 2024-03-26 | Not public |
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| R.322 - Möglichkeit zur Stellungnahme | 2024-03-20 | Not public |
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| R.20.2 Preliminary Objection referred to the main proceedings | 2024-03-20 | Public |
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| Outcome of the Order | 2024-02-08 | Not public |
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| Acknowledgement of access to case | 2024-02-07 | Not public |
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| Confirmation of notification of appointment | 2024-02-07 | Not public |
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| Stellungnahme RoP 275.2 | 2024-01-23 | Not public |
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| Antrag nach R 275.2 | 2024-01-22 | Not public |
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| K 55 | 2023-12-27 | Not public |
| Klage Edwards v. Meril - EP 828 | 2023-12-27 | Not public |
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Coverage: Partial.Reasoning extracted with partial coverage — some sections may be incomplete.
Plain-English summary
Edwards Lifesciences Corporation sued Meril GmbH, Meril Life Sciences Pvt Ltd, and Meril Italy S.r.l. at the Munich Local Division for infringement of EP 3 669 828 covering a prosthetic heart valve, based on Meril's Myval THV transcatheter aortic valve replacement. The court found all three defendants jointly and severally liable for infringement, dismissed Meril's revocation counterclaim upholding patent validity, and awarded Edwards an injunction, recall, destruction, disclosure, EUR 663,000 provisional damages, and publication of the decision in five trade journals.
Accepted arguments
What the court agreed with — by party.
multiple defendants domiciled in different member states may be sued at one UPC division if they have a commercial relationship and the action concerns the same infringement of the same European patent designations
ClaimantLegal basis: Art. 33(1)(b) UPCANote: Headnote 1: the court interpreted 'same infringement' as requiring accusation of infringing the same national designations of the same European patent by the same product, aligning with UPCA's goal of overcoming fragmented litigation.
EP 3 669 828 (prosthetic heart valve) is valid and not obvious over the prior art
ClaimantLegal basis: Art. 56 EPC; Art. 65 UPCANote: The court upheld the patent on inventive step, applying the problem-solution approach as the primary tool (Headnote 2).
a cease-and-desist declaration without penalty clause from only some group defendants does not eliminate the risk of repetition
ClaimantLegal basis: Art. 63 UPCANote: Headnote 3: injunction remains necessary even where some group members filed cease-and-desist declarations without penalty clauses, as group companies could reorganise to continue infringement.
Meril defendants infringe EP 3 669 828 by marketing the Myval THV transcatheter heart valve
ClaimantLegal basis: Art. 25 UPCANote: The court found infringement and granted injunction, recall, seizure, destruction, information disclosure, provisional damages of EUR 663,000, and publication of decision in five media outlets.
Rejected arguments
What the court did not agree with — and why.
EP 3 669 828 lacks inventive step and should be revoked
RespondentLegal basis: Art. 56 EPC; Art. 138(1)(a) EPCReason: The invalidity counterclaim was dismissed; the court found the patent valid applying the problem-solution approach, concluding the claimed heart valve design was not obvious over the prior art.
cease-and-desist declarations filed by some Meril defendants suffice to negate the need for a court injunction
RespondentLegal basis: Art. 63 UPCAReason: Court held that partial cease-and-desist declarations without penalty clauses from some group members do not adequately protect the patentee where the group as a whole can reorganise to continue infringement.
Key legal principles
Doctrines and rules cited in the reasoning.
multi-defendant jurisdiction under Art. 33(1)(b) UPCA requires commercial relationship and same infringement of same national patent designations by same productproblem-solution approach applied as primary inventive step tool to align UPC jurisprudence with EPO and Boards of Appealcease-and-desist declaration without penalty clause from partial group of defendants insufficient to preclude injunctionimmediately and directly enforceable decision under R. 354.1 RoP does not require security under R. 118.2(a) RoPprovisional damages award alongside referral of full quantum to separate procedure
Browse other cases on this principle.
Claim construction notes
The claims cover a prosthetic heart valve (transcatheter aortic valve replacement). The court interpreted the claims of EP 3 669 828 to cover the Myval THV design; the invalidity counterclaim required the court to assess whether the claimed valve design was obvious, applying the problem-solution approach to the prior art in the cardiac implant field.