UPC CoA 2/2024

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

• 2024-10-04
  Appeal RoP220.2Public

  Summary: Order from the Court of Appeal dated 4 October 2024 on costs following Meril's submission of an undertaking (Unterlassungs- und Verpflichtungserklärung) to Edwards Lifesciences, which resulted in dismissal of the preliminary injunction action. The CoA held that, where a defendant undertakes to comply with the claimant's requests after proceedings have commenced, the claimant is generally to be regarded as the prevailing party under Art. 69(1) UPCA, without any need to examine the merits at the time of the undertaking. The undertaking itself implies that the claimant's requests were satisfied. Accordingly, Meril was ordered to bear the costs of proceedings.

  Show the legal issues (2)

  • Prevailing party determination after undertaking under Art. 69(1) UPCA
  • Costs allocation after dismissal following defendant's undertaking
• 2024-02-15
  Public

  Summary: Procedural order of the Court of Appeal addressing the appeal fee in an appeal by Meril GmbH and Meril Life Sciences against a Munich Local Division order in provisional measures proceedings brought by Edwards Lifesciences Corporation regarding EP 3 763 331 (crimping device for heart valve prostheses). After Meril submitted a cease-and-desist undertaking, Edwards accepted it and the case was resolved without a ruling. The first-instance court ordered Meril to bear costs up to EUR 200,000 and set the action value at EUR 1,500,000. Meril appealed. The Court of Appeal order concerned procedural aspects of the appeal fee payment.

  Show the legal issues (3)

  • Appeal fee in provisional measures proceedings
  • Costs after cease-and-desist undertaking rendering action devoid of purpose
  • Devolution of costs on acceptance of cease-and-desist undertaking