2024-11-15 - LD Munich - Edwards Lifesciences v. Meril - UPC_CFI_15/2023

Was ist diese UPC-Entscheidung?

Zusammenfassung: The Munich Local Division (Panel 1) held Meril's Myval Octacor transcatheter heart valve and associated Navigator/Navigator Inception delivery systems to directly and literally infringe claims 1, 2, 4 and 5 of Edwards' EP 3 646 825 as upheld by the Paris Central Division in auxiliary request II. The decision articulates a nine-headnote framework covering (i) UPC jurisdiction over pre-1 June 2023 infringing acts; (ii) the claimant's unilateral choice among competent German Local Divisions; (iii) the limited scope for staying infringement proceedings after a CDP decision upholding the patent (R. 295(c)(i) or (m) RoP, requiring 'manifestly and prima facie erroneous' CDP decision); (iv) Art. 34 UPCA territorial reach (relief in all contracting member states where EP is in force and requested, provided infringement or threat proven in at least one); and (v) consideration of third-party and public interests under the 'may' discretion in Arts. 63(1) and 64(1) UPCA, channelled in the case at hand through Edwards' Medical Request Portal for XL-sized valves. The Court granted injunction, penalty payment, information, recall, destruction, publication (by Edwards), €663,000 preliminary damages and a damages liability declaration across Belgium, Bulgaria, Denmark, Germany, Estonia, Finland, France, Italy, Latvia, Lithuania, Luxembourg, the Netherlands, Austria, Portugal, Sweden and Slovenia, all immediately enforceable without security. A late amendment to add Romania and to refine the information request was rejected under R. 263 RoP.

Quelle und Fundstellen

Quelle: UPC Case File

Aktenzeichen: UPC_CFI_15/2023