2026-10-28 - 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: The Munich Local Division issued what it described as the first UPC order applying the rules on laying open books (R.
2026-10-28 - LD Munich - Edwards Lifesciences
v.
Meril - UPC-CFI-0001160/2026
notable
The Munich Local Division issued what it described as the first UPC order applying the rules on laying open books (R. 141 RoP), following a final infringement decision. It held that a request to lay open books is a procedural, integral part of the damages application, distinct from a R. 191 RoP information order: R. 191 asks what happened, R. 141 asks for the financial details of what happened. The list in R. 141(c) RoP is open, so financial information on non-infringing products is not categorically excluded, but proportionality and necessity (Art. 42 UPCA, Enforcement Directive) require rejection wherever the information can with sufficient certainty never be relevant to damages under Art. 68 UPCA. Applying that test, the Court ordered disclosure for accessory devices sold with the infringing product and for non-infringing devices substituted into tenders originally entered with an infringing device — tender participation being an offer under Art. 25(a) UPCA — but refused springboard-type disclosure on other devices whose commercial benefits were unconnected to the technical contribution of the invention.