Elisabetta Papa
12 IP cases indexed. Covers patent matters.
Cases Presided Over
12 cases indexed | Page 1 of 1
Meril Life Sciences Private Ltd. , Meril GmbH , Meril Italy S.r.l. v.Edwards Lifesciences Corporation
This case concerns a revocation action filed by the Meril entities against Edwards Lifesciences Corporation regarding European Patent No. 4 151 181 B1 ('EP 181'), alongside a counterclaim for infringement brought by Edwards against the Meril entities. The dispute encompasses both the validity of EP 181, challenged by Meril, and alleged infringement of EP 181, asserted by Edwards. The Court of First Instance issued its decision on 20 October 2025, establishing legal principles on inventive step assessment, the holistic approach to non-obviousness, the definition of a realistic starting point, and the discretionary nature of injunctive remedies.
Edwards Lifesciences Corporation v.Respondent
Edwards Lifesciences Corporation filed an infringement action against Meril Lifesciences and related entities concerning European Patent EP 2 628 464 B1 relating to the transcatheter heart valve prosthesis Myval™ THV. The defendants filed a counterclaim for revocation, and proceedings were stayed pending the EPO Technical Boards of Appeal decision, which upheld the patent in amended form. The parties subsequently reached a settlement and jointly requested the court to confirm the settlement agreement by decision, along with partial reimbursement of court fees.
Ballinno B.V. v.Kinexon GmbH, Kinexon Sports & Media GmbH, Union des Associations Européennes de Football (UEFA)
This appeal concerned an order for security for costs and the disposal of an action that had become devoid of purpose. Ballinno B.V., the proprietor of European patent EP 1 944 067 relating to a method and system for detecting an offside situation, had applied for provisional measures against the Kinexon companies and UEFA before the Hamburg Local Division. After withdrawing its requests for provisional measures on appeal, the Court of Appeal held that the action had become devoid of purpose and disposed of it pursuant to R. 360 RoP, treating Ballinno as the unsuccessful party at both instances.
Ballinno B.V. v.Union des Associations Européennes de Football (UEFA), Kinexon Sports & Media GmbH, Kinexon GmbH
This appeal concerned an order for security for costs and an order on provisional measures brought by Ballinno B.V. against the Kinexon companies and UEFA in relation to EP 1 944 067. The appellant had built its case for provisional measures primarily around a major sports event, but subsequently withdrew its requests for provisional measures before the Court of First Instance issued its order, rendering the action devoid of purpose. The Court of Appeal held that the appeal was admissible and that Ballinno, having taken the inherent risk of its procedural strategy, must be considered the unsuccessful party and bear the costs under Article 69(1) UPCA.
Meril Gmbh, Meril Life Sciences Pvt Ltd. v.Edwards Lifesciences Corporation
The Court of Appeal of the Unified Patent Court dismissed Meril's application for suspensive effect of its appeal against a decision of the Munich Local Division finding infringement of Edwards Lifesciences' European patent EP 3 646 825 (relating to a prosthetic heart valve and delivery catheter system). The Court held that Meril failed to demonstrate that the impugned decision was manifestly erroneous or that an exception to the general rule under Article 74(1) UPCA (that appeals do not have suspensive effect) was warranted. Meril's alternative request for a stay of enforcement subject to the provision of security was also rejected.
Meril Italy srl, Meril Life Science Private Limited, Meril GmbH v.Respondent
This order concerns a cost application filed by the Meril entities against SWAT Medical AB, seeking reimbursement of EUR 15,000 in costs incurred during proceedings related to SWAT Medical's application for access to written pleadings and evidence (App_33484/2024), which had been rejected. The respondents argued the cost application was inadmissible because it was incorrectly filed under Rule 9 RoP rather than Rule 158 RoP. The applicants filed a further application (App_64037/2024) to rebut the inadmissibility argument. The presiding judge and judge-rapporteur addressed the admissibility of the applicants' written comments and the procedural framework governing cost decisions following rejected access-to-register requests.
Edwards Lifesciences Corporation v.Respondent
1. The procedural efficiency must yield to the principle of the fair trial. Therefore, a request for extension of a time period must be denied where the opposing party has already met the correspondent shorter, ordinary time period.
KIPA AB v.Respondent
SWAT Medical AB, a medical device company based in Sweden, filed an application seeking access to all pleadings and evidence in revocation proceedings concerning European patent EP 4 151 181, which was the subject of a revocation action between the Meril entities and Edwards Lifesciences Corporation. The applicant claimed a direct interest as a competitor and board member/investor in cardiac implant technology, citing concerns about a third-party product under development potentially covered by the patent's claims. The respondents (the Meril entities and Edwards Lifesciences Corporation) opposed the application, with the Meril entities jointly requesting rejection and Edwards Lifesciences Corporation seeking dismissal.
KIPA AB v.Respondent
This procedural order concerns an unnamed applicant's request under Rule 262.1(b) for access to written pleadings and evidence in proceedings involving Edwards Lifesciences Corporation as claimant and Meril Lifesciences Pvt Limited, Meril GmbH, Smis International OÜ, and Sormedica UAB as defendants, relating to European Patent EP2628464. The applicant claimed to be a board member and investor in a medical device company in the cardiac implant technology field, seeking access as a competitor concerned about the patent's validity. Edwards Lifesciences opposed the request, arguing it lacked a concrete, verifiable, and legitimate reason, and referenced prior decisions in Amgen v. Sanofi-Aventis and Ocado v. AutoStore. The order addresses the principles of public access under Article 45 UPCA and the requirements for granting access under Rule 262.1(b).
Meril Italy srl, Meril GmbH, Meril Life Science Private Limited v.Respondent
Central Division Paris Seat ORDER of the Court of First Instance of the Unified Patent Court Central division (Paris seat) issued on 17 September 2024 concerning the generic procedural applications Nos. App_45333/2024 and 51629/2024 lodged in the proceedings UPC_CFI_189/2024 APPLICANT
Kinexon Sports & Media GmbH, Kinexon GmbH, Union des Associations Européennes de Football (UEFA) v.Respondent
This case concerns a request by Kinexon Sports & Media GmbH, UEFA, and Kinexon GmbH for security for costs of the appeal proceedings against Ballinno B.V. before the Court of Appeal. Ballinno had previously been ordered by the Court of First Instance (Hamburg Local Division) to provide €56,000 in security for costs and had its application for provisional measures dismissed. The appeal concerns both the security order and the main order dismissing the provisional measures application. The matter relates to European Patent EP 1 944 067.
Edwards Lifesciences Corporation v.Respondent
1 Nordic-Baltic - regional division UPC_CFI_8/2023 Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 16/08/2024 APPLICANT/CLAMIMANT 1) Edwards Lifesciences Corporation (Applicant) - One Edwards Way - 92614 - Irvine, California - US Represented b
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