Meril Life Sciences v Edwards Lifesciences (CoA, 21 November 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 21 November 2024 (UPC_CoA_511/2024), the Court of Appeal set aside the Nordic-Baltic Regional Division’s refusal to stay Edwards Lifesciences’ infringement action against Meril (EP 3 769 722) pending the EPO opposition, and referred the case back to the same panel. The Court held that Article 33(10) UPCA and Rule 295(a) do not require a final EPO decision to be expected rapidly: a rapid decision of the Opposition Division is enough.

Question

Does a stay of infringement proceedings pending an opposition require that a final EPO decision be expected rapidly?

Decision

Meril was entitled to rely on Article 33(10) UPCA and Rule 295(a) for the first time on appeal, since Rule 222.2 covers requests, facts and evidence, not legal arguments (paragraphs 12 to 15). Rule 295(m) does not apply, and Rules 118.2(b) and 295(g) apply only once the case is ready for decision (paragraphs 16 to 18). Before that stage, it is enough that a rapid EPO decision is expected, even one open to appeal. The stay remains discretionary, taking account of the stage of both proceedings and the likelihood of revocation (paragraphs 19 to 22). As the Opposition Division was due to decide on 17 January 2025, the day after the UPC hearing, the first instance should have weighed the interests involved. The Court referred the case back and did not decide on costs (paragraphs 23 to 27).

Key points for practice

• A new legal basis for a request already made at first instance is admissible on appeal (paragraph 15).
• Besides a stay, the Court mentioned rescheduling the hearing or applying Rule 118.2(b) in the decision on the merits (paragraph 25).

Provisions applied

Agreement on a Unified Patent Court

Arts. 33(10) and 73(4)

Rules of Procedure

Rules 118.2(b), 222.2, 295(a), 295(g) and 295(m)

Case law cited

Court of Appeal, 28 May 2024, Carrier v BITZER (UPC_CoA_22/2024).

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.