2026-08-12 - LD Munich - Edwards Lifesciences v. Meril - UPC-CFI-0001160/2026
- Aktenzeichen:
- UPC-CFI-0001160/2026
- Datum:
- Spruchkörper:
- Court of First Instance - Munich (DE) Local Division
- Art:
- Order
- Parteien:
- Edwards Lifesciences Corporation v. Meril GmbH, Meril Life Sciences Pvt. Ltd., Meril Italy S.r.l.
Kernaussage: Following an interim conference in Edwards' application for the determination of damages after a final infringement decision, the Munich Local Division (Zigann, judge-rapporteur) issued a case-management order under R.
2026-08-12 - LD Munich - Edwards Lifesciences
v.
Meril - UPC-CFI-0001160/2026
notable
Following an interim conference in Edwards' application for the determination of damages after a final infringement decision, the Munich Local Division (Zigann, judge-rapporteur) issued a case-management order under R. 105.5 RoP: it confirmed the videoconference hearing date, set the briefing timetable and the conditions for a PowerPoint presentation, and fixed the value in dispute at EUR 15 million. The value was held to follow the underlying claim for damages rather than the contested scope of the lay-open-books request. On confidentiality the judge-rapporteur held that R. 144.1(a) and R. 190.1 RoP require an order to lay open books to be accompanied by arrangements protecting confidential information, so preparing them now is not premature, and accepted a two-step approach to the confidentiality club. The order also records a preliminary assessment on an unsettled question: whether profits from non-infringing products that replaced the infringing product may be taken into account in the damages calculation, and whether UPC law or national law governs the period before the UPCA entered into force.