Order
of the Court of First Instance of the Unified Patent Court
Local Division Munich
concerning EP 3 646 825
delivered on 23 January 2025
CLAIMANT (APPLICANT)
Edwards Lifesciences Corporation, 1 Edwards Way - 92614 - Irvine - US
represented by: Boris Kreye, Elsa Tzschoppe (Bird & Bird)
assisted by: Bernhard Thum, Dr. Jonas Weickert (Thum & Partner); Siddharth
Kusumakar, Tessa Waldron and Bryce Matthewson (Powell Gilbert)
DEFENDANTS
1) Meril Gmbh Bornheimer Straße 135-137 - 53119 - Bonn - DE
2) Meril Life Sciences Pvt Ltd.
M1‐M2, Meril Park, Survey No 135/2/B & 174/2 Muktanand Marg, Chala, Vapi - 396 191
Gujara- Vapi – IN
represented by: Dr. Andreas von Falck, Dr. Roman Würtenberger, Dr. Lukas
Wollenschlaeger, Beatrice Wilden, Dr. Alexander Klicznik, Dr. Felipe Zilly
(Hogan Lovells)
assisted by: Peter-Michael Weisse, Ole Dirks, Dr. Eva Maria Thörner (Wildanger)
PATENT AT ISSUE
European patent n° 3 646 825.
PANEL/DIVISION
Panel 1 of the Local Division Munich.
Local Division Munich
UPC_CFI_815/2024
UPC_CFI_815/2024
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DECIDING JUDGES
This order has been made by the presiding judge Dr. Matthias Zigann acting as judge-
rapporteur.
LANGUAGE OF THE PROCEEDINGS
English
SUBJECT-MATTER OF THE PROCEEDINGS
Application for a cost decision by Edwards (ACT_66577/2024 UPC_CFI_815/2024)
Application for confidentiality by Edwards – R 262A RoP (App_66581/2024)
Submission by Meril – R 9 (APP_1507/2025)
Application for confidentiality by Meril – R 262A RoP (App_1521/2025)
Rule 9 order (ORD_3866/2025 UPC_CFI_815/2024)
PARTIES` REQUESTS
Edwards seeks in ACT_66577/2024:
I. determines the costs to be reimbursed by Defendants 1) and 2) as set out below and to
order that interest is to be paid on the determined costs at five percentage above the
respective base interest rate pursuant to Section 247 of the Civil Code of the Federal Republic
of Germany from the date of receipt of this application; and
II. orders Defendants 1) and 2) to pay the amount determined according to Request I. within
a period of time as deemed appropriate by the Court.
Edwards seeks in App_66581/2024:
I. orders specific sections and Exhibits of the Application for a Cost Decision submitted in
workflow 66577/2024 to be “Confidential Information” in the sense of Art. 58 UPCA,
specifically
1. the information provided in the table for formal checks and mn. 2, 8, 9, 15, 17, 19, 21, 24,
26-29, 34, 35 and 37 marked in grey of the Application for a Cost Decision; and
2. Exhibits K-C 2 – K-C 5 to the Application for a Cost Decision;
II. restricts access to the Confidential Information to the representatives of Defendants before
this Court and one employee of Defendants each to be specified by Defendants and who
require access to the Confidential Information for the purposes of these proceedings;
in the alternative,
restricts access to Confidential Information to a suitable number of employees of Defendants
and their legal representatives before this Court;
III. orders the persons authorized to access the Confidential Information in accordance with
Request II. not to disclose Confidential Information to any third party outside of these court
proceedings and to use the Confidential Information only for the purposes of these proceeding.
The obligations shall continue to apply even after the conclusion of these proceedings;
UPC_CFI_815/2024
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IV. orders that an appropriate penalty payment be made to the Court in the event of a violation
of the order under Request III, which is to be determined by the Court in reasonable proportion
to the significance of the order;
V. orders that prior to publication of the reasons for the Cost Decision or other announcements,
any Confidential Information be redacted therein.
With order dated 30 December 2024 the judge-rapporteur has ordered:
1. Provisional protection is granted as requested.
2. Meril is invited to comment on the confidentiality request within 10 days and the cost request
within 20 days.
Meril requests in App_66581/2024:
Claimant's application for protection of confidential information of 16 December 2024 be
dismissed.
The brief had been filed in a redacted version only. In App_1507/2025 Meril filed an
unredacted version. In App_1521/2025 Meril filed a Rule 262A application with view to the
unreacted version.
Meril explains:
that in the workflow concerning Claimant's application for protection of confidential information
(App_66581/2024), Defendants were not able to request confidentiality. To avoid that, in the
unlikely event of confidentiality measures being ordered, an unredacted version is being made
available to a person not authorised to access the
document in workflow App_66581/2024, Defendants uploaded
a redacted version as "Formal response to the Order of the Court" in workflow
App_66581/2024, including Exhibit HL-262A 1,
an unredacted version of that "Formal response to the Order of the Court" as
"Application" in workflow App_1507/2025, and
as a confidentiality is being requested in workflow App_1507/2025, the redacted
version they upload as "Formal response to the Order of the Court" in workflow
App_66581/2024.
Defendants' corresponding R.262A-application is linked to workflow App_1507/2025.
Defendants understand the unredacted version of Defendants' comments lodged in
App_1507/2025, which was done as a matter of precaution to maintain the alleged
confidentiality, as comments on the Court's order of 30 December 2024.
With several orders of today the Court has responded to applications to partly stay the cost
proceedings and the proceedings relating to the confidentiality applications (App_3108/2025,
App_2875/2025, App_2876/2025).
GROUNDS
Reference is made to the order of the Central Division, Paris Seat, of 30 July 2024
(APP_37662/2024 UPC_CFI_367/2023). The Court intends to follow this reasoning. This
would mean that Meril would be granted unlimited access to the costs application. Restrictions
under an implied application under Rule 262.2 RoP would apply to third parties or the public.
UPC_CFI_815/2024
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Protection under Rule 262.2 RoP would also mean that Meril may not disclose the confidential
information to third parties or the public.
Edwards is invited to comment within 10 days in workflow App_66581/2024. Once a decision
on the confidentiality applications has become final, the Court will invite Meril to comment on
the costs application.
ORDER
Edwards is invited to comment in the workflow App_66581/2024 within 10 days.
DETAILS OF THE ORDER
Order no. ORD_3866/2025 in ACTION NUMBER: ACT_459987/2023
UPC number: UPC_CFI_815/2024
Action type: Infringement Action
Dr. Zigann
Presiding Judge
Matthias
ZIGANN
Digital unterschrieben von
Matthias ZIGANN
Datum: 2025.01.23 17:34:35
+01'00'