Edwards Lifesciences prevails in heart valve dispute at the UPC

Edwards Lifesciences has secured an important victory before the Unified Patent Court in its long-running heart valve dispute. The Nordic-Baltic division confirmed the patent in amended form and found infringement. The parties also reached a settlement regarding another disputed patent.

Edwards Lifesciences filed UPC infringement proceedings against Meril before the Nordic-Baltic division in Stockholm concerning EP 3 769 722 and EP 2 628 464. The US medical device company claims Meril infringes these patents with its Myval Navigator range of heart valves.

In the EP 722 case, the panel upheld the patent in amended form and found it to be infringed (case ID: UPC_CFI_380/2023). The panel comprised presiding judge and rapporteur Stefan Johansson, legally qualified judges Kai Härmand and Mélanie Bessaud, and technically qualified judge Stefan Wilhelm. The court ordered Meril to cease manufacturing and offering the disputed products.

The decision came almost six months after the oral hearing in mid-January. One day after the UPC hearing, on 17 January, the EPO held oral proceedings in opposition proceedings against EP 722, filed by a straw man. The Opposition Division also upheld the patent in amended form. An appeal is pending before the Boards of Appeal.

In spring, the EPO Boards of Appeal revoked two Edwards patents, EP 3 590 471 and EP 3 494 929. EP 722 belongs to the same patent family as EP 929 and EP 471, but has different wording.

The parties reached a settlement in parallel proceedings before the Nordic-Baltic division concerning EP 464 (case ID: UPC_CFI_8/2023). Previously, the Stockholm based division had stayed the proceedings until the final decision in the parallel opposition proceedings at the EPO. On 3 June 2024 the Technical Boards of Appeal upheld EP 464 in amended form.

Battle on many fronts

For years, the two companies have fought across multiple jurisdictions over various heart valve patents. Edwards is defending several patents at three UPC divisions. The US medical device company claims Meril infringes some patents with its MyVal THV range and others with its new transcatheter heart valves branded Octacor and Octapro.

Last autumn, the Munich local division ruled that Meril infringes Edwards’ EP 3 646 825, which the central division in Paris had previously upheld in a revocation action in mid-2024. Appeals against the decisions in the infringement as well as the revocation case are pending.

In addition to EP 825, further infringement proceedings are pending before the Munich local division concerning EP 3 763 331 and EP 3 669 828. Another revocation action regarding EP 4 151 181 is pending before the Paris central division.