Edwards Lifesciences Corporation v. Angiocare B.V., Meril GmbH and Meril Life Sciences PVT Ltd, District Court The Hague, The Netherlands, 26 July 2023, Matter Number HA ZA 22-460

Edwards holds EP 930 relating to a ‘Leaflet attachment frame for a prosthetic valve’ that claims a balloon catheter assembly featuring an inflatable balloon and an expandable prosthetic aortic heart valve deployable using a balloon.

Edwards claims that Meril and others infringe on EP 930 with their Myval THV aortic valve prosthesis and Navigator delivery system for placing and expanding the valve in the body. Edwards detained goods at Customs. Meril argues EP 930’s invalidity, citing added matter, lack of workability (and plausibility), novelty, and inventive step.

Meril opposed EP 930 at the European Patent Office, which rejected the opposition. Meril appealed, and is awaiting the Technical Board of Appeal’s decision. Meril requests the Court to suspend proceedings until the validity of EP 930 is determined if the Court does not find the patent invalid or if it finds that Meril does not infringe.

Edwards, in turn, seeks a declaration of infringement against Meril and an injunction in the Netherlands, while Meril in its defence states that the accused products fall outside the scope of EP 930 and the patent is invalid. In a counterclaim, Meril asks for the annulment of the Dutch part of EP 930 and demands Edwards withdraw its customs requests, alleging misuse.

The Court partially invalidates EP 930 and concludes that since Meril does not infringe valid claims, the requested suspension is unnecessary. The Court dismisses the infringement claims and partially invalidates the Dutch part of EP 930.

A copy of the decision (in Dutch) can be read here on www.ie-forum.nl