Meril Italy v Edwards Lifesciences (CoA, 6 September 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 6 September 2024, made in the three joined appeals UPC_CoA_464/2024, UPC_CoA_457/2024 and UPC_CoA_458/2024, the judge-rapporteur of the Court of Appeal rejected the requests of Meril Italy, Meril GmbH and Meril Life Sciences to expedite their appeals against the decision of the Paris Central Division of 19 July 2024, which had maintained Edwards Lifesciences’ EP 3 646 825 in amended form. The order confirms that the risk of an infringement injunction being granted before the appeal on validity is decided does not, in itself, justify expediting the appeal.

Question

Does the risk that a local division grants an injunction on a patent that may be revoked on appeal justify expediting the appeal under Rule 9.3(b)?

Decision

The court may shorten time periods on a reasoned request, balancing the interests of both parties with due regard to a fair trial (paragraph 12). Meril’s interests did not justify expedition at the expense of Edwards’ legitimate interest in having the appeals dealt with within the time frame of the Rules (paragraph 13). The risk of an injunction was insufficient (paragraph 14): the Munich Local Division can mitigate it, for instance by a stay or by a decision subject to a condition subsequent under Rule 118.2 (paragraph 15). The appeal hearing envisaged for mid-January 2025 would in any event follow the infringement hearing set for 24 September 2024 (paragraph 16). The errors alleged in the impugned decision go to the merits (paragraphs 17 and 18).

Key points for practice

• Expedition of a validity appeal is not obtained by pointing only to the prospect of an injunction: a stay or a decision subject to a condition subsequent must be sought from the division hearing the infringement action.
• A request for expedition that could not secure a ruling before the feared decision will fail.

Provisions applied

Rules of Procedure

Rules 9.3, 30.1, 30.2, 50.2 and 118.2

Case law cited

Court of Appeal, 19 June 2024, UPC_CoA_301/2024

Related decisions

• Meril Italy v Edwards Lifesciences, 19 July 2024, Central Division decision under appeal.
• Edwards Lifesciences v Meril Italy, 30 April 2024, order allowing the amendment of the patent, also under appeal.

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.