Edwards Lifesciences v Meril Italy (CFI, 30 April 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 30 April 2024 (UPC_CFI_255/2023, ACT_551308/2023, App_19959/2024 and App_23242/2024), the judge-rapporteur of panel 2 of the Paris Central Division (P. Catallozzi), in the revocation action brought by Meril Italy s.r.l. against EP 3 646 825, admitted the subsequent request to amend the patent lodged by Edwards Lifesciences Corporation after the written procedure had closed, and gave Meril one month to respond. The order accepts a late amendment where it narrows the dispute.

Question

May a subsequent request to amend the patent (Rule 30.2 RoP), lodged after the written procedure has closed, be admitted, and on what conditions?

Decision

A subsequent request requires the court’s permission, which is discretionary even after the time for the Defence has expired (paragraphs 7 and 8), since no time limit is set, it may come after the written procedure has closed provided the other party’s right of defence is not prejudiced (paragraph 9). The judge weighs efficiency and the narrowing of the dispute against delay and the other side’s rights, and the requesting party must justify the change (paragraphs 10 to 13). Alignment with the defence to the counterclaim is no justification (paragraph 17), reducing 84 auxiliary requests to one unconditional amendment and six auxiliary requests, however, improves efficiency and is fair (paragraphs 18 to 20). Lack of agreement between the parties is no bar (paragraphs 21 to 23). One month is given for an additional defence, without reopening the written procedure (paragraphs 24 and 25), Meril’s request for a rejoinder was refused, Edwards’ unauthorised reply being disregarded (paragraph 26).

Key points for practice

• Practical point: a subsequent request to amend stands the best chance where it sharply reduces the number of auxiliary requests, the other side then receives time to respond, without the written procedure being reopened.

Provisions applied

Rules of Procedure

Rules 30, 50 and 263.1, and recitals 2 and 4 of the Preamble

European Patent Convention

Art. 84, 123(2) and (3)

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.