Meril Life Sciences PVT Limited and others v. Edwards Lifesciences Corporation, UPC Nordic-Baltic Regional Division, 11 December 2024, Reference numbers: UPC_CFI_380/2023, App_14299/2024, ORD_65290/2024
Summary
In the main infringement and revocation proceedings between the parties, the Defendants (Meril) had sought an order staying the proceedings pending the outcome of EPO opposition proceedings concerning the patent in suit. On 20 August 2024, the Court dismissed the request to stay the proceedings. That Order was set aside by the Court of Appeal (Order on 21 November 2024 in case UPC_CoA_511/2024, reported here), and the case was referred back to the panel of the Court of First Instance that issued the impugned order for further consideration of the Defendants request for a stay.
The panel of the CFI confirmed the decision of the judge-rapporteur made on 10 December following the interim conference. This noted that the EPO had accelerated proceedings and a hearing was to take place on 17 January 2025, one day after the scheduled hearing of the case before the CFI. Given that the EPO Opposition Division’s decision was usually delivered orally at the end of the hearing, it followed that the CFI panel could expect to know the OD’s decision before it itself gave its decision on the merits following the planned 16 January 2025.
Accordingly, the Court held that the CFI hearing should proceed as planned and dismissed the request for a stay of proceedings.
The Order can be read here.
