2024-07-19 - CD Paris - Edwards Lifesciences v. Meril - UPC_CFI_15/2023
- Aktenzeichen:
- UPC_CFI_15/2023
- Datum:
- Spruchkörper:
- Court of First Instance - Paris (FR) Central Division - Seat
- Art:
- Proceeding Decision
- Parteien:
- Meril Gmbh v. Edwards Lifesciences Corporation
Kernaussage: Three parallel decisions - patent was upheld in amended form
2024-07-19 - CD Paris - Edwards Lifesciences
v.
Meril - UPC_CFI_15/2023
Three parallel decisions - patent was upheld in amended form
Nichtigkeitsgründe
Art. 138 EPCNovelty
Patent survived (this ground)Art. 54 EPC · Art. 138(1)(a) EPC
“AR II is novel: Levi does not disclose a frame made entirely of hexagonal cells (intermediate rows are diamond/rhombic) [101-104]; Benichou lacks side struts and is only a frame portion [109-110]; Dimatteo (Figs. 18-21) discloses a venous, not heart, valve and lacks the nickel-cobalt-chromium-molybdenum alloy [113-115]; Hariton does not disclose hexagonal cells [117-118].”
Inventive Step
Patent survived (this ground)Art. 56 EPC · Art. 138(1)(a) EPC
“AR II inventive: claimant's burden to prove lack of technical effect not met [124-125]; prior heart-valve art used hexagonal cells only in combination with rhombic cells (Levi deliberately retains rhombic for tapering) [132-138]; Fontaine stent's reduced crimping profile derives from 'proprietary design', not from honeycomb pattern alone [144-152]; problem-solution approach yields the same result [153-155].”
Added Matter
Partially invalid (this ground)Art. 123(2) EPC · Art. 138(1)(c) EPC
“Main request impermissibly isolates feature 1.5 ('frame made up entirely of hexagonal cells') from WO '801 para. [054], omitting the full definition of 'homogeneous pattern' — intermediate generalization [66]. AR II cures the deficiency by reproducing para. [054] wording [82].”
Insufficiency of Disclosure
Not decidedArt. 83 EPC · Art. 138(1)(b) EPC
“Lack of enabling disclosure raised but not addressed because added-matter ground suffices for main request and AR II's novelty/inventive-step analysis resolves remaining issues [71].”
Clarity
Patent survived (this ground)Art. 84 EPC · derivative
“Nickel-cobalt-chromium-molybdenum alloy sufficiently clear as a plastically-expandable material [76]; skilled person understands which axial struts do not form part of the hexagonal cells [78].”
Priority
Partially invalid (this ground)Art. 87 EPC · derivative
“Rebuttable presumption of entitlement to priority applied following G-1/22 and G-2/22 [86-91]; claimant's entitlement challenge fails. Priority of P1 (15 July 2011) is NOT validly claimed for AR II because features 1.5-1.9 are not directly and unambiguously derivable from P1 [92-98]; relevant date becomes 13 July 2012.”