On August 16, 2024, the Nordic-Baltic Regional Division of the Unified Patent Court (UPC) issued a procedural order in the patent infringement and revocation dispute between Edwards Lifesciences Corporation and various Meril Lifesciences entities. This development followed the closure of parallel opposition proceedings at the European Patent Office's Boards of Appeal (EPO TBA).
Overview of the Proceedings
The UPC litigation was initially put on hold on January 9, 2024, pending the resolution of an appeal concerning the validity of Edwards’ patent EP2628464 at the EPO TBA. The EPO TBA recently upheld the patent in a modified form as per Auxiliary Request 6’’, prompting both parties to propose updated schedules for the resumption of proceedings at the UPC.
Court's Decision and Its Implications
The UPC’s Court of First Instance largely accepted Edwards' procedural suggestions but made slight adjustments to ensure fairness to all parties involved. Specifically, the court mandated that Edwards submit an amended statement of claim within 14 days, while giving the defendants 42 days to file their amended defense and counterclaim for revocation.
The court emphasized its significant discretion in setting deadlines when proceedings resume after a stay. Specifically, the court noted, “Therefore, it is not practical to follow the steps and the timeline of the written procedure all over again,” highlighting its ability to tailor procedural timelines to the specific circumstances of each case for a more efficient continuation of proceedings.
Significance of the Ruling
The order sets a precedent for how the UPC will manage cases that resume after an EPO TBA decision. It reflects the court's strategic emphasis on procedural economy while ensuring that all parties have adequate time to adjust their claims and defenses based on the EPO’s findings.
Key takeaways
