Edwards Lifesciences v Meril Lifesciences (CFI, 18 September 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By a procedural order delivered on 18 September 2024 (UPC_CFI_8/2023, ACT_459769/2023, ORD_36465/2024), the Nordic-Baltic Regional Division (S. Johansson, presiding, K. Härmand, judge-rapporteur, R. Lopes, E. Papa) refused a request for access to all written pleadings and evidence in the action brought by Edwards Lifesciences Corporation against Meril Lifesciences PVT Limited, Meril GmbH, Smis International OÜ and Sormedica UAB for infringement of EP 2 628 464, and in the counterclaims. A single order disposes of the requests filed in the action and in the counterclaims (Nos 33316/2024 and 33491/2024 to 33494/2024). The applicant, whose name is redacted, described itself as a board member and investor in a cardiac implant technology company. Leave to appeal was granted.

Question

Can a member of the public relying on a competitor’s interest in the patent’s validity obtain access, under Rule 262.1(b), to the pleadings of pending proceedings?

Decision

The division accepted that the public has a general interest in access to written pleadings, which are in principle public subject to confidentiality (Art. 45 and 52 UPCA, Art. 47 of the Charter, Regulation No 1049/2001). The interest relied on was, however, very general, and the patent specification is already public. At this stage, protecting the integrity of the pending proceedings prevails. That interest usually lasts until the end of the proceedings, after which access may be more appropriate. The applicant’s precise field of activity mattered little. Costs were awarded against the applicant, and leave to appeal was granted because clarifying the law is of general interest.

Key points for practice

• Practical point: while proceedings are pending, an access request resting on a general competitor’s interest is unlikely to succeed, it is better made once the proceedings have ended.

Provisions applied

Agreement on a Unified Patent Court

Art. 45 and 52

Rules of Procedure

Rule 262.1(b)

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.