Nordic-Baltic - regional division
UPC_CFI_8/2023
Decision
of the Court of First Instance of the Unified Patent Court
delivered on 18/07/2025

CLAIMANT
1) Edwards Lifesciences Corporation One Edwards Way - 92614 - Irvine, California – US
Represented by Magnus Dahlman (Advokatbyrån Gulliksson AB), Siddharth Kusumakar & Bryce Matthewson (Powell Gilbert (Europe) LLP), Adam Rimmer (Powell Gilbert LLP), Dr. Jonas Weickert & Bernhard Thum (Thum & Partner)

DEFENDANTS
1) Meril Lifesciences PVT Limited Bilakhia House, Survey No. 135/139, Muktanand Marg, Chala, - 396191 - Vapi, Gujarat – IN
2) Meril GmbH
Bornheimer Strasse 135 – 137 - 53119 - Bonn - DE
3) Smis International OÜ Harju maakond, Kesklinna linnaosa, Kaarli pst 9-1a - 10119 - Tallinn - EE
4) Sormedica UAB V. Kuzmos str. 28 - 08431 - Vilnius - LT
Represented by Andreas von Falck, Alexander Klicznik, Kerstin Jonen, Felipe Zilly Claude, Lukas Wollenschlaeger, Beatrice Wilden, assisted by Kyra Lueg Althoff (Hogan Lovells International LLP), co-represented by Karin Westerberg & Julia Ericsson (Sandart & Partners Advokatbyrå KB)

PATENT AT ISSUE
Patent no. Proprietor/s
EP2628464 Edwards Lifesciences Corporation

COMPOSITION OF PANEL – FULL PANEL
Presiding judge Stefan Johansson
Judge-rapporteur Kai Härmand
Legally qualified judge Rute Lopes
Technically qualified judge Elisabetta Papa

LANGUAGE OF PROCEEDINGS: English

SUBJECT-MATTER OF THE PROCEEDINGS
Infringement action and counterclaim for revocation

STATEMENT OF THE FORMS OF ORDER SOUGHT BY THE PARTIES
1. Claimant requests the Court to confirm the settlement agreement by decision of the Court and reimbursement of 20% of the court fee.
2. Defendants confirm that the counterclaim for revocation filed under the reference numbers CC_587594/2023, CC_587616/2023, CC_587597/2023 and CC_587618/2023 shall also be settled by the Settlement Agreement and be confirmed by decision of the Court. Defendants request partial reimbursement of court fees in the amount of EUR 4,000.00.

SUMMARY OF FACTS
3. On 1 June 2023, Edwards Lifesciences Corporation (Claimant) filed a claim with the Nordic-Baltic Regional Division of the Unified Patent Court against Meril Lifesciences PVT Limited, Meril GmbH, SMIS International OÜ and Sormedica UAB (Defendants) based on European Patent EP 2 628 464 B1 (EP 464 B1) concerning the transcatheter heart valve prosthesis Myval™ THV.
4. The Defendants filed a counterclaim for revocation on 16 November 2023. The proceedings, comprising the Infringement Action (ACT_459769/2023), the Counterclaim for Revocation (CC_587594/2023, CC_587597/2023, CC_587616/2023, CC_587618/2023) as well as all related proceedings, are registered under case no. UPC_CFI_8/2023.
5. Upon the request of parties, the Court stayed the proceedings until the final decision of the Technical Boards of Appeal of the EPO (TBA). On 3 June 2024 the TBA upheld EP 464 in amended form (EP 464 B2).
6. On 16 August 2024, the Court refreshed the case and granted the parties permission to amend their respective cases to take account of the amendments made by the TBA. Following the instructions given by the Court the Claimant amended its statement of claim on 30 August 2024 in view of EP 464 B2 and the Defendants filed amended counterclaims on 11 October 2024. On 8 October 2024 the Claimant sought to further amend and request for relief in respect of Romania, which was allowed by the Court on 27 June 2025. The oral hearing of the case was scheduled on 18 July 2025. The Claimant filed its R. 365 application on 11 July 2025 and Defendants filed their written comments on 17 July 2025.

GROUNDS FOR THE ORDER
Settlement and confidentiality
7. Pursuant to Art. 79 UPCA the parties may, at any time during proceedings, conclude their case by way of settlement and request the settlement to be confirmed by a decision of the Court. The provision limits the scope of the settlement and stipulates that a patent may not be revoked or limited by way of settlement.
According to R. 365.1 and 365.2 RoP where the parties have concluded their action by way of settlement, they shall inform the judge-rapporteur. The Court shall confirm the settlement by decision of the Court, if requested by the parties, and the decision may be enforced as a final decision of the Court. At the request of the parties the Court may order that details of the settlement are confidential.
R. 262.2 RoP stipulates that a party may request that certain information of written pleadings or evidence be kept confidential and provide specific reasons for such confidentiality.
8. The parties have settled the dispute and concluded a settlement agreement, which has been signed by all parties involved. The Claimant has requested that the court confirm the settlement in the infringement action (ACT_459769/2023). The Defendants have confirmed the settlement of the counterclaim for revocation filed under the reference numbers CC_587594/2023, CC_587616/2023, CC_587597/2023 and CC_587618/2023. The parties have agreed that certain terms of the agreement (pages 2, 3, 4, 7 and 8) are confidential, and that the settlement agreement will be entered in the register in redacted form only. The Court has granted the request to keep the details of the settlement agreement confidential. Therefore, the settlement shall be confirmed by the Court, the proceedings shall be declared closed, and the decision shall be entered into the register in redacted form.

Costs
9. Pursuant to R. 370.9(c) (iii) if the parties have concluded their action by way of settlement the party liable for the Court fees will be reimbursed by 20 % if the action is settled before the closure of the oral procedure.
According to R. 370.11 RoP, the party seeking reimbursement shall lodge a reasoned application for reimbursement to the Court. The Court shall deal with the application without delay and if satisfied that the reimbursement is appropriate shall direct the Registrar to make the payment as soon as practicable.
10. As the parties have agreed that the Court should not issue an order regarding their costs in these proceedings, the Court will refrain from doing so.
In its statement of claim, the Claimant estimated the value of the dispute to be EUR 8,000,000 and therefore paid a total court fee of EUR 63,000. The Defendants estimated the value of the counterclaim to be EUR 8,000,000 and paid a total court fee of EUR 20,000. The Court confirmed the value of the proceedings in its order of 27 June 2025.

As the action was withdrawn before the oral hearing, the Claimant shall be reimbursed 20% of the court fee, i.e. EUR 12,600. The Defendants paid court fees totaling EUR 20,000 for the counterclaim for revocation and shall be reimbursed 20% of this amount, i.e. EUR 4,000.

DECISION
1. Confirm the Settlement Agreement on 10 July 2025 between Edwards Lifesciences Corporation and Meril Lifesciences PVT Limited, Meril GmbH, SMIS International OÜ and Sormedica UAB regarding European Patent EP 2 628 464.
2. The Settlement Agreement is Annex 1 of this decision.
3. The Claimant shall be reimbursed 20 % of the court fees, amounting to EUR 12,600.
4. The Defendants shall be reimbursed 20 % of the court fees, amounting to EUR 4,000.
5. Declare that the p 2; 3; 4; 7 first sentence and 8 of the Settlement Agreement remain confidential.
6. The Parties agreed on costs and request no order as to costs.
7. The decision shall be entered on the register in redacted form.

INFORMATION ABOUT APPEAL
An appeal against the present Decision may be lodged at the Court of Appeal, by any party which has been unsuccessful, in whole or in part, in its submissions, within two months of the date of its notification (Art. 73(1) UPCA, R. 220.1(a), 224.1(a) RoP).

INFORMATION ABOUT ENFORCEMENT (RULE 68(1) RGR)
The decision may be enforced as a final decision of the Court Art. 82 UPCA, Art. Art. 37(2) UPCS, R. 118.8, 158.2, 354, 355.4 RoP. An authentic copy of the enforceable decision will be issued by the Deputy-Registrar upon request of the enforcing party, R. 69 RegR

ORDER DETAILS
Order no. ORD_ 32871/2025 in ACTION NUMBER: ACT_459769/2023
CC_587594/2023; CC_587616/2023; CC_587597/2023; CC_587618/2023
UPC number: UPC_CFI_8/2023
Action type: Infringement Action and counterclaim for revocation
Related proceeding no. Application No.: 32815/2025 and App_32835/2025
Application Type: APPLICATION_ROP_365