Stefan Wilhelm
14 IP cases indexed. Covers patent matters.
Cases Presided Over
14 cases indexed | Page 1 of 1
Ecovacs Robotics Co., Ltd. v.Roborock (HK) Limited
This appeal concerned the review of an ex parte order for inspection issued by the Local Division Düsseldorf. Ecovacs had applied for an order to inspect and preserve evidence of Roborock's robot vacuum cleaners exhibited at the IFA 2025 trade fair in Berlin, alleging potential infringement of EP 3 808 512. The Court of Appeal addressed the heightened duty of candour imposed on applicants seeking ex parte orders under R. 192.3 RoP, holding that omissions and distorted accounts of material facts relevant to the proportionality assessment cannot be remedied by later submissions in response to a request for review.
MERIL LIFE SCIENCES PVT LIMITED v.Respondent
This case concerns European Patent EP 3 769 722, where Edwards Lifesciences Corporation sued several Meril entities for patent infringement, and the Defendants filed counterclaims for revocation. The Court of first instance found the patent invalid as granted but upheld it as amended, and found infringement of the amended patent, ordering the Defendants to bear the costs of the infringement proceedings and 75% of Edwards' costs in the revocation counterclaim proceedings. The Defendants sought rectification of the costs order, arguing the Court should have expressly ordered Edwards to bear 25% of the Defendants' costs in the counterclaim proceedings. The Court dismissed the rectification requests, holding that the chosen cost allocation was a valid and equitable distribution under Article 69 UPCA and the Rules of Procedure.
EDWARDS LIFESCIENCES CORPORATION v.MERIL LIFE SCIENCES PVT LIMITED, VAB-LOGISTIK, UAB, SMIS INTERNATIONAL OÜ, MERIL GMBH, SORMEDICA, UAB, INTERLUX, UAB
Edwards Lifesciences Corporation brought an infringement action against Meril Life Sciences and related entities concerning European Patent 3 769 722, which relates to a low profile delivery system for transcatheter heart valves. The defendants denied infringement and filed counterclaims for revocation, along with conditional applications to amend the patent. The Court of First Instance of the Unified Patent Court (Nordic-Baltic Regional Division) found the patent valid as amended, held that the defendants infringed claim 1, and ordered injunctive relief, corrective measures, provisional damages of EUR 500,000, and cost awards in favor of Edwards.
Tandem Diabetes Care Europe B.V., Tandem Diabetes Care, Inc. v.Respondent
This case concerns an appeal by Tandem Diabetes against a decision of the Central Division Paris dated 18 December 2024, which had dismissed their revocation action concerning EP 2 196 231 (a patent relating to a system for ambulatory drug infusion) and ordered Tandem Diabetes to bear the costs. Following the filing of the appeal, the parties informed the Court of Appeal that they had concluded the proceedings by way of settlement. The Court of Appeal confirmed the settlement pursuant to Rule 365 of the Rules of Procedure, terminated the appeal proceedings, and ordered that each party bear its own costs.
KIPA AB v.Respondent
An unnamed member of the public, represented by Erik Krahbichler, applied for access to all written pleadings and evidence in infringement proceedings (UPC_CFI_380/2023) between Edwards Lifesciences Corporation and Meril et al. concerning EP 3 769 722. After the parties objected and Meril Life Sciences PVT Limited requested reimbursement of EUR 17,168.70 in legal costs, the Applicant withdrew the applications. The judge-rapporteur closed the proceedings on the access applications and dismissed the requests for reimbursement of legal costs, holding that Article 69 UPCA does not provide a legal basis for ordering a member of the public to reimburse costs incurred by parties consulted under Rule 262.1(b) RoP.
VAB-LOGISTIK, UAB, MERIL LIFE SCIENCES PVT LIMITED, MERIL GMBH, SMIS INTERNATIONAL OÜ, INTERLUX, UAB, SORMEDICA, UAB v.Respondent
This procedural order from the Unified Patent Court concerns an infringement action by Edwards Lifesciences Corporation against several Meril entities and related companies regarding EP3769722. The Defendants requested a stay of proceedings pending the European Patent Office Opposition Division's decision on the patent's validity. After the Court of Appeal set aside an earlier order dismissing the stay request, the Court of First Instance again dismissed the stay request and decided to proceed with the oral hearing as planned on 16 January 2025.
EDWARDS LIFESCIENCES CORPORATION v.MERIL LIFE SCIENCES PVT LIMITED, VAB-LOGISTIK, UAB, SMIS INTERNATIONAL OÜ, MERIL GMBH, SORMEDICA, UAB, INTERLUX, UAB
This is a procedural order issued by the Court of First Instance of the Unified Patent Court (Nordic-Baltic Regional Division) in a patent infringement action concerning European Patent EP3769722. The order addresses multiple case management issues raised during an interim conference, including the value of the case, scheduling relative to parallel EPO opposition proceedings, admissibility of late-filed attacks on inventive step, and various other procedural requests. The Court set the total case value at 6,000,000 EUR, declined to reschedule the oral hearing, excluded certain late-filed inventive step attacks, and ruled on the admissibility of auxiliary requests, equivalence arguments, and expert-related requests.
KIPA AB v.Respondent
Central Division Paris Seat ORDER of the Court of First Instance of the Unified Patent Court Central division (Paris seat) issued on 14 October 2024 concerning the Applications RoP262.1(b) Nos. App_33486/2024, 33487/2024 and 33489/2024 lodged in the proceedings UPC_CFI_255/2023 and counter
Meril Life Sciences Pvt Ltd., Meril GmbH v.Edwards Lifesciences Corporation
This appeal concerned the determination of which party is the prevailing party under Article 69(1) of the Agreement on a Unified Patent Court following the dismissal of a claim after the defendant submitted an injunction and commitment declaration. The dispute involved European Patent EP 3 763 331 relating to a crimping device for stent-based valve prostheses. The Court of Appeal held that when a defendant commits to comply with the plaintiff's requests after proceedings have been initiated, the plaintiff is generally considered the prevailing party, as the declaration itself implies that the plaintiff's requests have been fulfilled.
MERIL LIFE SCIENCES PVT LIMITED, INTERLUX, UAB, SMIS INTERNATIONAL OÜ, MERIL GMBH, SORMEDICA, UAB, VAB-LOGISTIK, UAB v.Respondent
This is a procedural order from the Nordic-Baltic Regional Division of the Unified Patent Court concerning an infringement action regarding EP3769722. The Defendants (Meril entities and others) requested a stay of proceedings pending an EPO opposition decision, while the Claimant (Edwards Lifesciences Corporation) opposed the stay. The Court dismissed the request, holding that Rule 118.2(b) RoP applies only during oral procedure, a rapid EPO decision could not be expected, and the UPC could itself decide validity given the pending counterclaims for revocation.
SMIS INTERNATIONAL OÜ, VAB-LOGISTIK, UAB, MERIL LIFE SCIENCES PVT LIMITED, SORMEDICA, UAB, MERIL GMBH, INTERLUX, UAB v.Respondent
This procedural order from the Nordic-Baltic Regional Division of the Unified Patent Court concerns a request by the Defendants (Meril Life Sciences and related entities) for the Claimant (Edwards Lifesciences Corporation) to provide security for legal costs in an infringement action concerning EP3769722. The Defendants argued that security was warranted because the Claimant is based in the United States, outside the EU, making enforcement of any cost order potentially difficult. The court dismissed the application, holding that the Claimant's location outside the EU and the lack of experience enforcing UPC orders in the US are not sufficient grounds for ordering security, and that the balance of interests favored the Claimant.
Meril Life Sciences Pvt Ltd. v.Edwards Lifesciences Corporation
This case concerns a revocation action filed by Meril Italy Srl against Edwards Lifesciences Corporation regarding European Patent No. EP 3 646 825, which relates to embodiments of a prosthetic heart valve featuring a sealing mechanism to prevent or minimize perivalvular leakage. The patent was filed on 16 July 2012 as a divisional application and claims priority from two earlier patent applications of 15 July 2011 and 13 July 2012. The claimant sought revocation of the patent on grounds including that the subject matter was extended beyond the content of the application as originally filed. Meril GmbH and Meril Life Sciences Pvt Ltd filed counterclaims for revocation in the proceedings.
Edwards Lifesciences Corporation v.Meril Italy srl
This order was issued by the Court of First Instance of the Central Division (Paris Seat) in a revocation action concerning European patent EP 3 646 825. The defendant, Edwards Lifesciences Corporation, filed a subsequent application to amend the patent after a previous amendment application had been rejected and after the closing of the written procedure. The Court recognized its discretionary authority to admit such a subsequent amendment request, provided that the claimant's right to defence was preserved through the possibility of filing an additional defence if the amendment was admitted.
BITZER Electronics A/S v.Carrier Corporation
This order concerns a revocation action brought by BITZER Electronics A/S against European patent EP 3 414 708 held by Carrier Corporation. The judge-rapporteur addressed procedural and substantive issues arising from the interim conference, including the validity of the priority claim, the admissibility of certain patent amendments, and late-filed attacks on novelty and sufficiency. The ruling permitted the priority challenge to proceed, excluded late-filed novelty attacks based on documents MB5 and MB6, allowed sufficiency attacks targeting the amended patent, and deferred questions regarding the admissibility of certain amendments and the twelfth auxiliary request to the oral hearing.
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