First main infringement hearing in Edwards vs Meril at Munich local division

The timing for the hearing in Edwards vs Meril is good. Last weekend saw the opening of the famous Oktoberfest. From morning onwards, the beer tents are full of party-goers in traditional Bavarian costumes. Not far away is the courtroom of the local division Munich. This, too, will be packed with people, albeit for less jolly reasons and none in the requisite dirndl or lederhosen.

Four UPC judges in Munich will gather to decide whether Meril Life Sciences has infringed Edwards Lifesciences’ important EP 3 646 825. EP 825 protects a system comprising a prosthetic heart valve and catheter. The dispute centres on the second generation of transcatheter heart valves, which Meril sells under the brand name Myval Octacor.

Matthias Zigann and Tobias Pichlmaier are the two standard judges of Munich local division’s first panel. Joining them are Margot Kokke and Stefan Wilhelm. Equally, the teams representing the two opponents will not be lacking in number. Edwards and Meril have previously shown up in force for other proceedings.

Four-strong bench

As is always the case when the first panel of the Munich local division convenes, the presiding judge is Matthias Zigann. Margot Kokke is a judge at the District Court of The Hague. Together with Edger Brinkman she forms the standard team for the UPC local division The Hague.

Kokke mainly acts as a foreign judge in the German local division. She is involved in proceedings concerning various technologies in Munich, Düsseldorf and Mannheim.

Stefan Wilhelm is involved in several proceedings between Edwards and Meril as a technically qualified judge. He and Kokke are also involved in a second trial between the two opponents.

Today’s hearing is scheduled for nine o’clock, with arguments from lawyers on both sides expected to last all day. The judges have not scheduled a second day.

Paris paved way for Munich

Stefan Wilhelm was also present as a technically qualified judge in the Paris hearing in July when the central division handed down its first revocation ruling upholding EP 825. The bench, headed by presiding judge Paolo Catallozzi, rejected a revocation action and two counterclaims of revocation from three subsidiaries of Meril.

Following the ruling, the Munich local division can now proceed with Edwards’ infringement action. It is directed against the German Meril GmbH and the Indian Meril Life Sciences Pvt Ltd (case ID: ACT_459987/2023 UPC_CFI_15/2023).

Epic heart-valve battle

Competitors Edwards and Meril have been facing off in the European patent courts for years over heart-valve technology. Edwards took the dispute to the UPC last year. Edwards has sued Meril twice for patent infringement — at the Munich local division and the Nordic-Baltic regional division. A counterclaim for infringement has also been pending at the Paris central division since July 2024.

A request for a PI by Edwards was also pending in Munich. However, the companies agreed to end these proceedings last year. Now, only an appeal over the Munich local division’s ruling on costs is pending at the Court of Appeal.

Several Meril subsidiaries responded with counterclaims for revocation at the Munich local division. In August 2023, Meril Italy filed its own isolated nullity action against EP 825 with the Paris central division. In May, Meril filed a second revocation action against another Edwards patent at the same division.

Following the July revocation hearing, today’s hearing in Munich is the second showdown between the two medical device manufacturers. According to JUVE Patent information, the Nordic-Baltic Regional Division has not yet heard the two Edwards claims.

Full house

The courtroom at the Paris hearing was crowded and it is expected to be no less crowded in Munich. The large showing of in-house lawyers and their litigators is testament to the intensity and importance of the dispute.

At the Paris hearing, Meril had mobilised five law firms for the attack on EP 825. Two French law firms represented Meril Italy: Gide Loyrette Nouel, led by Emmanuel Larere and Raphaëlle Dequiré-Portier, and a team from Regimbeau, led by Anne Seibel and Jean-Robert Callon de Lamarck. UK patent attorneys Jonathan Stafford and Gregory Carty-Hornsby from Marks & Clerk provided support.

A Hogan Lovells team represented the two other Meril subsidaries as additional counterclaimants. Furthermore, lawyers from Wildanger Kehrwald played a role. The dispute is also raging in national patent courts.

At least one team from Hogan Lovells is expected to be present in Munich. Düsseldorf-based partner Andreas von Falck is registered as main representative, with Alexander Klicznik providing support.  They are also coordinating the overall dispute Europe-wide for Meril.

On behalf of Meril, Peter-Michael Weisse and Ole Dierks from Wildanger will be present in the courtroom.

In UPC litigation, Edwards Lifesciences usually relies on three litigation firms that also litigate for the company in national cases. The team includes a UK team from Powell Gilbert led by lawyer Siddarth Kusumakar.

Bird & Bird lawyer Elsa Tzschoppe is registered as main representative, but partner Boris Kreye will certainly be present in the courtroom. Tzschoppe and Kreye are based in Munich, as are patent attorneys Bernhard Thum and Jonas Weickert from Thum IP. All are part of Edwards’ core team and are also involved in other proceedings.