Edwards Lifesciences v Meril Life Sciences (CFI, 6 September 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 6 September 2024 following the interim conference (UPC_CFI_15/2023), the judge-rapporteur of the Munich Local Division prepared for trial Edwards Lifesciences’ infringement action against Meril GmbH and Meril Life Sciences concerning EP 3 646 825 (prosthetic heart valve) and summoned the parties to the oral hearing of 24 September 2024. He gave Edwards leave to limit its claim and referred to the panel the question, new for the UPC, of a stay where the Central Division decision upholding the patent is under appeal.

Question

May the claimant limit its claim shortly before the hearing, and should the judge-rapporteur decide alone on a request for a stay pending the appeal on validity?

Decision

Leave to amend was granted: the new main request adds two features (a nickel-cobalt-chromium-molybdenum alloy frame and the absence of certain struts), with the former request becoming the auxiliary one, and under Rule 263.3 leave to limit a claim unconditionally « shall always be granted ». The request for a stay, or for postponement of the hearing, until the Court of Appeal rules on validity was referred to the panel under Rule 102.1, since the UPC will have to decide for the first time how to deal with that situation. Pending that, no stay was ordered and the hearing date was maintained. The auxiliary request for a decision subject to a condition subsequent under Art. 56(1) UPCA was also referred to the hearing. Requests to hear experts were refused, save on the « same effect » limb of equivalence.

Key points for practice

• An unconditional limitation of the claim by adding features is granted as of right under Rule 263.3.
• The fate of the infringement action while validity is on appeal is argued at the main hearing: stay or decision subject to a condition subsequent.

Provisions applied

Agreement on a Unified Patent Court

Art. 56(1)

Rules of Procedure

Rules 102.1, 263.1 and 263.3

Related decisions

• Meril Italy v Edwards Lifesciences, 19 July 2024, Central Division decision maintaining the patent as amended.
• Meril Italy v Edwards Lifesciences, 6 September 2024, Court of Appeal order refusing to expedite the validity appeals.

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.