Edwards Lifesciences v Meril (CFI, 5 March 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 5 March 2024 (UPC_CFI_15/2023, ACT_459987/2023, CC_584916/2023, CC_585030/2023, App_7662/2024), the presiding judge and judge-rapporteur of the Munich Local Division (M. Zigann), in the infringement action on EP 3 646 825 brought by Edwards Lifesciences Corporation against Meril GmbH and Meril Life Sciences Pvt Ltd, held that no decision was needed on the requests for an in-person interim conference and court-provided simultaneous interpretation, which the claimant had withdrawn, and admitted the private interpreters to the video conference. The headnotes of the order set out useful principles on the format of the interim conference and on interpretation.

Question

When can an interim conference planned as a video conference be held in person, and can a claimant that chose German for a patent granted in English obtain court-provided simultaneous interpretation into English?

Decision

According to the headnotes, given the additional burden on all participants, an in-person conference requires a showing of absolute necessity. A claimant that chose German as the language of the proceedings, for a patent granted in English and between international parties, must itself resolve the tension between that choice and its request for interpretation, although it remains free to arrange interpretation at its own cost (Rule 109.2 RoP). After a preliminary order of 15 February 2024 indicating that the requests would probably be refused, the claimant withdrew them. The parties agreed to engage an interpreter under Rule 109.4 and share the cost equally. The division found that no decision was needed and closed the workstream.

Key points for practice

• Practical point: a claimant that chooses German for a patent in English must live with that choice, interpretation remains available at its own cost or on agreed cost sharing.

Provisions applied

Rules of Procedure

Rules 105.2, 109.1, 109.2 and 109.4

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.