Edwards Lifesciences v Meril (CFI, 17 March 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 17 March 2025 (UPC_CFI_815/2024, ORD_13125/2025), the judge-rapporteur of the Munich Local Division (M. Zigann), dealing with Edwards Lifesciences’ application for a cost decision (Rule 151) against Meril GmbH and Meril Life Sciences in the dispute over EP 3 646 825, declined to restrict Meril’s access to the amounts of costs incurred but shielded them from the public.

Question

Can the lawyers’ fees and expenses set out in an application for a cost decision be protected against the opposing party and against the public?

Decision

Once leave to amend had been granted (Rule 263.3), Edwards no longer sought any effective restriction against Meril, which obtains unrestricted access. The remainder of the Rule 262A request is rejected, as is Meril’s mirror application (grounds 1, 2 and 5). The judge nonetheless ruled, by way of exception and without waiting for a third-party request under Rule 262.3, on protection against the public (ground 3). The threshold there is lower than under Rule 262A, since only the general interest in information is at stake. While the public has an understandable interest in knowing who bears costs and to what extent, fees are individually negotiated, so knowing them says nothing reliable about the cost of other proceedings. Edwards’ interest in keeping its fees confidential prevails, and the public’s oversight is served by the costs decision itself. Meril and its representatives may not disclose the information to third parties.

Key points for practice

• Practical point: a party seeking reimbursement of its costs cannot, as a rule, hide the amounts from its opponent, but may keep them out of public view.

Provisions applied

Agreement on a Unified Patent Court

Arts. 45 and 58

Rules of Procedure

Rules 102.2, 151, 262, 262A, 263.3 and 333

Case law cited

CEAD v BEGO Medical, Paris Central Division, 30 July 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.