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UPC CoA 636/2024

Oct 29, 2024·EP3646825 · A SYSTEM COMPRISING A PROSTHETIC VALVE AND A DELIVERY CATHETER

Case details
Status
Case Closed
Action
Appeal
Category
File-access requests (R. 262.1(b))
Parties
Claimants
Representatives
Respondents
  • Name withheld (GDPR)
Representatives
Division
Court of Appeal
Technology
  • Instruments
    Medical technology
Language
English
First decided
Feb 12, 2025
Last decision
May 5, 2025
How this compares
How long the court takes to reach a first decision.
Median days to first decision
All UPC124
Judge Rian KaldenLocked
Judge Ingeborg SimonssonLocked
Judge Patricia RombachLocked

At the UPC: Meril Group (60 cases)

Decisions
  • 2025-05-05
    Decision By DefaultPublic

    Summary: Decision by the Court of Appeal (UPC_CoA_636/2024, 5 May 2025) setting aside a first-instance order that had granted a member of the public access to written pleadings under R. 262.1(b) RoP. The CoA held that public applicants for register access must be represented; an unrepresented person cannot validly lodge a statement of response; a reasoned decision under R. 235.3 RoP is effectively a default decision; and no costs should ordinarily be awarded in R. 262.1(b) proceedings.

    Show the legal issues (5)
    • Public access to register (R. 262.1(b) RoP)
    • Representation requirement
    • Reasoned decision (R. 235.3 RoP)
    • Decision by default (R. 357 RoP)
    • Costs in access-to-register proceedings
  • 2025-02-12

    Summary: Court of Appeal order in Meril Life Sciences Pvt. Ltd. v. SWAT Medical AB / Respondent 1 concerning representation (R. 8.1 RoP). The appeal arose from a public access application (R. 262.1(b) RoP). The court held: (1) even lawyers and European Patent Attorneys who are themselves parties must be represented before the UPC; (2) representation is a public policy admissibility issue the court may raise at any time of its own motion; (3) Meril Life Sciences' late argument that the access request was inadmissible from the outset due to invalid representation was brought too late under R. 226 and R. 222.2 RoP.

    Show the legal issues (4)
    • Mandatory representation before UPC (R. 8.1 RoP)
    • Lawyers and EPAs as parties must still be represented
    • Admissibility of public access request under R. 262.1(b) RoP
    • Late submission rule (R. 222.2 RoP)
Document titleDatePublic
Case closed2025-09-24Not public
Decision2025-05-06Not public
Headnote-and-Keywords2025-05-05Not public
Outcome of the Order2025-05-05Not public
Decision2025-05-05Not public
Decision2025-05-05Public
Decision2025-05-05Not public
Interim-Conference-Decision2025-05-05Not public
Receipt2025-03-18Not public
Receipt2025-03-18Not public