Meril & Ors v Edwards Lifesciences (UPC_CoA_464/2024, UPC_CoA_457/2024 & UPC_CoA_458/2024)
Decision date:
06 September 2024
Osborne Clarke summary
- Meril's request to expedite appeals relating to the first instance finding (that Edwards' European Patent for a prosthetic heart valve was valid) was rejected.
- When considering an expedition request, the court must balance the interests of both parties while ensuring that the principles of due process are adequately taken into account.
- The possibility that the Munich LD might grant an injunction on the basis of a patent that has been upheld by the Court of First Instance but may subsequently be revoked by the Court of Appeal is not sufficient to justify expediting an appeal. The Court of First Instance has various means at its disposal to mitigate the risk of granting an injunction or the harm caused by an injunction in situations where the validity of the patent is subject to appeals.
Issue
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