UPC Analytics
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Decisions

DateCaseDivisionActionMotionOutcomeSummary
2025-12-05UPC_CFI_775/2025Nordic-Baltic RDApplication RoP262AProceduralProcedural onlyThe Nordic-Baltic Regional Division stayed the cost proceedings between Edwards Lifesciences and Meril pending the outcome of EPO Board of Appeal opposition proceedings against EP 3 769 722, and provisionally ordered confidentiality obligations by mutual agreement of the parties.
2025-10-17UPC_CFI_404/2025Munich LDGeneric OrderCostsCosts onlyThe Munich Local Division issued a costs decision in favour of Edwards Lifesciences against Meril, ruling on the reasonableness and proportionality of claimed costs including travel expenses and multiple representatives, and awarding costs in proceedings of above-average complexity.
2025-09-02UPC_APP_35269/2025Nordic-Baltic RDGeneric applicationCostsProcedural onlyOrder of the Nordic-Baltic Regional Division in Edwards Lifesciences v Meril Life Sciences et al. (EP 3 769 722) on a request for rectification of the decision on the merits of 21 July 2025. The prior decision on the merits found the patent invalid as granted but upheld it as amended, and found infringement of the amended patent. The operative part of that decision ordered the defendants to bear 100% of Edwards' costs in the infringement action and 75% of Edwards' costs in the revocation counterclaim proceedings. The defendants requested rectification to add an obligation on Edwards to bear 25% of the defendants' costs in the revocation proceedings. The rectification request is the subject of this order.
2025-06-05UPC_APP_24411/2025Court of AppealApplication Rop 365ProceduralSettledThe Court of Appeal confirmed a settlement agreement between Tandem Diabetes and Roche Diabetes, terminating the appeal proceedings. The settlement arose after the Central Division Paris had dismissed the revocation action and maintained EP 2 196 231 as granted.
2025-06-03UPC_APP_21220/2025Munich LDGeneric applicationProceduralProcedural onlyMunich Local Division procedural order on Meril's applications (R. 353 RoP) for rectification of a decision of 4 April 2025 in infringement proceedings concerning a prosthetic heart valve patent (EP 3 669 828) between Edwards Lifesciences and Meril. Meril sought corrections to factual statements about which claims were alleged to be infringed (independent claims 1 and 12 vs. only claim 1 as independent). The order addresses the scope of rectification available under R. 353 RoP.
2025-04-09UPC_APP_60159/2024Munich LDGeneric applicationProceduralProcedural onlyThe Munich Local Division judge-rapporteur issued a procedural order dealing with Meril's applications for cost reimbursement and confidentiality protection (R. 262A RoP) in the Edwards Lifesciences v. Meril proceedings. Following the judge-rapporteur's guidance, Meril withdrew the cost reimbursement applications. The order addressed the scope of confidentiality protection for legal fee invoices and related documents.
2025-04-09UPC_APP_59832/2024Munich LDGeneric applicationProceduralProcedural onlyProcedural order by Munich Local Division in Edwards Lifesciences v Meril Life Sciences concerning costs and confidentiality applications arising from a third-party access-to-file application by Erik Krahbichler (KIPA AB). Following withdrawal of Krahbichler's access application, Meril applied for a costs decision. The court dismissed Meril's costs application because a costs decision from the Central Division Paris on a related matter had already been issued, and because proceedings about access applications under R. 262.1(b) do not automatically give rise to separate costs decisions.
2025-02-17UPC_APP_66551/2024Munich LDGeneric applicationProceduralProcedural onlyThe Munich Local Division rejected Meril's application for rectification of an infringement decision (ORD_598479/2023) under R. 353 RoP, finding that the alleged inaccuracies in the statement of facts did not constitute clerical errors or obvious slips warranting correction.
2025-01-21UPC_APP_33375/2024Nordic-Baltic RDApplication RoP262.1 (b)ProceduralDismissedNordic-Baltic Regional Division judge-rapporteur closed proceedings following withdrawal of seven public access applications (R. 262.1(b) RoP) by the applicant (an individual acting also on behalf of SWAT Medical AB) in Edwards Lifesciences Corporation v. Meril et al. proceedings. Meril Life Sciences PVT Limited's request for cost reimbursement (EUR 17,168.70) was rejected: Art. 69 UPCA does not apply to proceedings on public access requests because (i) the Enforcement Directive's cost principle does not extend to such requests, (ii) no ceiling for recoverable costs has been set for access proceedings, and (iii) parties to the main proceedings are merely consulted, not 'parties' in the access sub-proceedings.
2024-12-11ORD_65290/2024Nordic-Baltic RDGeneric OrderProceduralProcedural onlyNordic-Baltic Regional Division (full panel) order dismissing defendants' request to stay the main infringement proceedings pending EPO opposition proceedings concerning EP 3 769 722. The Court of Appeal had previously set aside an earlier stay dismissal and referred back for reconsideration under R. 295(a) RoP. On reconsideration, the panel dismissed the stay request again in the Meril/Edwards heart valve case (Edward Lifesciences v Meril entities). The request to stay pending Central Division revocation counterclaim was also refused.
2024-11-15UPC_APP_57746/2024Munich LDGeneric applicationProceduralProcedural onlyProcedural order from the Munich Local Division (UPC_CFI_15/2023) rejecting Meril's application to request information from the European Commission regarding antitrust investigations into Edwards Lifesciences' patent filing and litigation strategy. The Court declined to exercise its discretion to seek such information and denied Meril's request to reopen the oral procedure.
2024-11-15UPC_APP_56354/2024Munich LDGeneric applicationProceduralProcedural onlyProcedural order from Munich Local Division (full panel) in the infringement proceedings of Edwards Lifesciences Corporation against Meril GmbH and Meril Life Sciences Pvt Ltd. concerning EP 3 646 825. Defendants requested the court to ask the European Commission for information about antitrust investigations against Edwards. The panel declined the request at this stage as premature and disproportionate, noting that the merits (infringement and validity) would be assessed at the oral hearing first.
2024-11-15UPC_APP_60393/2024Munich LDGeneric applicationProceduralProcedural onlyThe Munich Local Division issued a procedural order in the infringement action by Edwards Lifesciences Corporation against Meril GmbH and Meril Life Sciences Pvt Ltd. (UPC_CFI_15/2023, EP 3 646 825). The defendants' applications to request information from the European Commission about antitrust investigations involving Edwards were denied. The Court declined to approach the European Commission as this was neither ordered by the Court of its own motion nor within the procedural framework for the specific oral hearing.
2024-10-14UPC_APP_33486/2024Paris CDApplication RoP262.1 (b)ProceduralProcedural onlyThe Paris Central Division ruled on applications for public access to pleadings and evidence filed by SWAT Medical AB (KIPA AB) in relation to revocation and counterclaim proceedings between Meril entities and Edwards Lifesciences concerning EP 3 646 825.
2024-08-20UPC_APP_14299/2024Nordic-Baltic RDGeneric applicationProceduralProcedural onlyOrder by Nordic-Baltic Regional Division (UPC_CFI_380/2023, 20 August 2024) dismissing Meril defendants' application to stay infringement proceedings pending EPO opposition on EP 3 769 722 (transcatheter heart valve). The court clarified that R. 295(a) RoP and Art. 33(10) UPCA allow a discretionary stay during written procedure only if a rapid EPO decision is expected; R. 118.2(b) RoP applies only in the oral procedure phase.
2024-08-20UPC_APP_14061/2024Nordic-Baltic RDGeneric applicationProceduralProcedural onlyProcedural order from the Nordic-Baltic Regional Division (UPC_CFI_380/2023) dismissing Meril entities' application for security for costs against Edwards Lifesciences in an infringement action concerning EP 3 769 722. The Court held that the mere fact that the claimant is located in the United States does not justify ordering security for costs, as this would constitute an unjustified restriction of the right to an effective remedy; the risk of unenforceability in the US was deemed insufficient.
2024-04-30UPC_APP_19959/2024Paris CDGeneric applicationProceduralProcedural onlyThe Paris Central Division exercised its discretion to admit Edwards Lifesciences' subsequent request to amend patent EP 3 646 825 after the written procedure had closed, provided that Meril Italy was granted additional time to submit a defence to the new amendment, holding that such admission does not prejudice the opposing party's right of defence.
2024-04-08UPC_APP_16619/2024Munich LDGeneric applicationProceduralProcedural onlyOrder from the Munich Local Division (UPC_CFI_501/2023) rejecting Meril's request for a three-week extension to file its Statement of Defence following a language change from German to English. The Court held that a language change agreed to shortly before the deadline does not constitute exceptional circumstances justifying an extension, consistent with the UPC's principle that extensions should be granted only in exceptional cases.
2024-03-05UPC_APP_7662/2024Munich LDGeneric applicationProceduralProcedural onlyThe Munich Local Division denied Edwards Lifesciences Corporation's request to convert a scheduled video-conference intermediate hearing to an in-person hearing, and also denied the court-ordered simultaneous interpretation from German into English, ruling that the claimant had voluntarily chosen German as the language of proceedings and could arrange interpretation at its own expense under R. 109.2 RoP.