UPC_CoA_464/2024

The Court of Appeal dismissed the Meril companies' appeals against the revocation and counterclaim revocation decisions and Edwards' appeal against the infringement decision, upholding the patent EP 3 646 825 (heart valve). Key rulings: (I–VIII) All revocation and counterclaim appeals rejected; Meril bears 60% of Edwards' costs in the revocation proceedings and Edwards bears 40% of Meril's costs. (IX–X) The infringement decision was partially set aside: the injunction and preliminary damages order do not extend to XL devices (30.5mm and 32mm) that had not been scheduled for implantation in a patient by 15 November 2024. Preliminary damages reduced to not exceed €363,000 for Meril India and Meril Germany. The value of the proceedings is €8,000,000.