Edwards Lifesciences v Meril Life Sciences (CFI, ORD_14940/2024, 20 August 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 20 August 2024 (UPC_CFI_380/2023, ACT_582093/2023, ORD_14940/2024), the Nordic-Baltic Regional Division (Johansson, Härmand, Bessaud, Wilhelm) dismissed the request of Meril Life Sciences and five other defendants for Edwards Lifesciences, based in the United States, to provide security of EUR 800,000 for the costs of the infringement action on EP 3 769 722. Leave to appeal was granted.

Question

Does the mere fact that the claimant is based in the United States, where enforcement of UPC decisions requires prior recognition, justify security for costs?

Decision

No. Security may be ordered on request under Art. 69(4) UPCA and Rule 158.1 RoP (paragraphs 17 and 18), taking into account in particular the other party’s financial position and the likelihood that a costs order may not be enforceable, or only in an unduly burdensome way (paragraph 19). As security restricts the right to an effective remedy, the defendant’s need for protection must be weighed against the burden on the claimant, and the applicant must provide the facts and arguments justifying it (paragraph 20). There is no indication that Edwards lacks assets or willingness to pay, or that a costs order would be unenforceable in the United States (paragraph 21). Its US location and the lack of experience of enforcing UPC decisions there are not in themselves sufficient (paragraph 22). The balance of interests favours it (paragraph 23). The costs of the application will follow those of the main proceedings (paragraph 25).

Key points for practice

• Practical point: a request for security against a claimant based outside the EU must rest on concrete evidence about its solvency or enforcement obstacles, not on its location alone.

Provisions applied

Agreement on a Unified Patent Court

Arts. 69(4) and 73(2)(b)(ii)

Rules of Procedure

Rules 158.1, 220.2 and 224.1(b)

Case law cited

Munich Local Division, 23 April 2024 (UPC_CFI_514/2023)

Related decisions

• Meril Life Sciences v Edwards Lifesciences, 20 August 2024, order of the same day refusing a stay.

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.