UPC_CFI_501/2023 – Edwards v Meril
- Court
- Local Division Munich
- Date
- Outcome
- Granted
- Sector
- Other
- Decision Type
- PROCEDURAL
Expert Commentary
Notice of enforcement Background Edwards won infringement proceedings against Meril. Request Edwards seeks to enforce the decision and notifies the Court. It requests an authentic paper copy of the decision in accordance with R. 118.8 RoP. Meril confirms that no translation is necessary. JR Orders the Registry to issue an authentic paper copy of the decision. Comment 1. A decision is only enforceable after the claimant notifies the Court which parts of the order it wants to enforce and supplies a certified translation into the language of the Contracting Member State where enforcement is sought. The Registry must then serve the certified translation on the defendants. 2. In this case, the parties apparently agreed on compliance, and the claimant requested only an authentic paper copy. 3. Note that, in my view, a defendant can still request security at this stage if the decision is not final (e.g., in PI proceedings or a first instance decision that can still be or has been appealed). See the last sentence of R. 118.8 RoP.
Full Decision Text
Procedural Order of the Court of First Instance of the Unified Patent Court Local Division Munich issued on 14 April 2025 CLAIMANT Edwards Lifesciences Corporation, 1 Edwards Way - 92614 - Irvine - US represented by: Boris Kreye, Elsa Tzschoppe (Bird & Bird) assisted by: Bernhard Thum, Dr. Jonas Weickert (Thum & Partner); Siddharth Kusumakar, Tessa Waldron and Bryce Matthewson (Powell Gilbert) DEFENDANTS 1) Meril GmbH Bornheimer Straße 135-137 - 53119 - Bonn – DE 2) Meril Life Sciences Pvt Ltd. M1‐M2, Meril Park, Survey No 135/2/B & 174/2 Muktanand Marg, Chala, Vapi - 396 191 Gujara- Vapi – IN 3) Meril Italy S.r.l. Piazza Tre Torri 2 - 20145 - Mailand – IT represented by: Dr. Andreas von Falck, Dr. Roman Würtenberger, Dr. Lukas Wollenschlaeger, Beatrice Wilden, Dr. Alexander Klicznik, Dr. Felipe Zilly (Hogan Lovells) PATENT AT ISSUE European patent n° 3669828 Local Division Munich UPC_CFI_501/2023 UPC_CFI_501/2023 2 PANEL/DIVISION Panel 1 of the Local Division Munich DECIDING JUDGE/S This order has been issued by the Presiding Judge Matthias Zigann acting as judge- rapporteur. LANGUAGE OF THE PROCEEDINGS English SUBJECT-MATTER OF THE PROCEEDINGS Notice of intention to enforce (RoP118.8) REQUESTS Edwards requests: I. In the name and on behalf of Claimant, we hereby notify the Court that Claimant intends to enforce the following parts of the Decision pursuant to R. 118.8 RoP: [No. II-III, V-VIII, X-XII of the decision dated 4 April 2025] II. For the purpose of enforcement of the Decision and service on Defendants, Claimant requests pursuant to R. 69.1 RgR that an authentic paper copy of the Decision be issued by the Deputy-Registrar of the Munich Local Division. Meril responded: 1. Defendants have agreed with Claimant that they will not request a translation of the decision issued on 4 April 2025 (ORD_598588/2023) (the "Decision"). Therefore, the Division is informed that a translation is not requested. 2. Defendants have further confirmed to Claimant that they will comply with the order under item no. II. of the Decision upon Claimant's request. 3. In turn, Claimant has agreed that Defendants may fulfil their obligations imposed on them with orders no. VI. and VII. of the Decision by 25 April 2025 and their obligations imposed on them with order no. V. of the Decision by 23 May 2025. GROUNDS FOR THE ORDER An authentic paper copy of the decision can be issued by the Registry of the Munich Local Division without the need for translation, as Meril has indicated that no translation will be required. ORDER An authentic paper copy of the Decision is to be issued by the Registry of the Local Division Munich and to be handed over to Edwards. UPC_CFI_501/2023 3 INSTRUCTIONS TO THE REGISTRY An authentic paper copy of the Decision is to be issued by the Registry of the Local Division Munich and to be handed over to Edwards. INFORMATION ABOUT REVIEW BY PANEL Any party may request that this Order be referred to the panel for a review pursuant to R. 333 RoP. Pending review, the Order shall be effective (R. 102.2 RoP) Dr. Zigann Presiding Judge DETAILS OF THE ORDER Order no. ORD_17597/2025 in ACTION NUMBER: ACT_597277/2023 UPC number: UPC_CFI_501/2023 Action type: Infringement Action Related proceeding no. Application No.: 16679/2025 Application Type: Notice of intention to enforce (RoP118.8) UPC_CFI_501/2023 4 Order no. ORD_13185/2025 in ACTION NUMBER: ACT_597277/2023 UPC number: UPC_CFI_501/2023 Action type: Infringement Action Related proceeding no. Application No.: 4792/2025 Application Type: APPLICATION_ROP262A Order no. ORD_13187/2025 in ACTION NUMBER: ACT_597277/2023 UPC number: UPC_CFI_676/2024 Action type: Infringement Action Related proceeding no. Application No.: 4795/2025 Application Type: APPLICATION_ROP262A
Key Holdings
- Authentic paper copy of decision issued for enforcement.
- Translation requirement waived by defendant.
Tags
- Enforcement
- Security for Costs
- Translation