Local Division Munich UPC_CFI_501/2023
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
UPC_CFI_501/2023
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 judgerapporteur.
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:
-
- 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.
-
- Defendants have further confirmed to Claimant that they will comply with the order under item no. II. of the Decision upon Claimant's request.
-
- 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
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
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