Marks & Clerk has achieved further significant results for client Meril Life Sciences in their long running dispute with Edwards Lifesciences, securing a victory at the European Patent Office (EPO) Boards of Appeal, and in the same week representing Meril in a major joint infringement and revocation hearing at the Unified Patent Court's (UPC) Nordic Baltic Regional Division.
As reported by JUVE Patent, our team successfully revoked Edwards’ European patent EP928 in the field of prosthetic heart valves before the EPO’s Boards of Appeal. This was a significant victory for Meril in the ongoing dispute with Edwards because EP928 was the subject of pan-European litigation and was the first patent enforced by Edwards against Meril around 5 years ago. The opposition appeal was handled by Partners Jonathan Stafford and Gregory Carty-Hornsby working together with associate Elliot Carrington.
Following this success at the EPO, our team handled advocacy for Meril at the UPC Nordic Baltic Regional Division in Stockholm related to a different Edwards patent EP722 directed to a catheter delivery device for implantation of prosthetic heart valves. The oral hearing, which took place in the division's state-of-the-art facilities, addressed both revocation and infringement. The proceedings highlighted the UPC's efficient case management, with less than a year elapsed from the filing of the revocation counterclaim to the full hearing.
Partners Jonathan Stafford and Gregory Carty-Hornsby presented arguments at the hearing alongside counsel from Hogan Lovells and Sandart, with Marks & Clerk associate Robbie Gauld also in attendance.
The hearing structure included:
- An introductory summary and preliminary opinion from the Judge Rapporteur
- Morning sessions focused on revocation arguments
- Afternoon proceedings dedicated to infringement matters
- Engaged questioning from the judicial panel
Key team members:
- Jonathan Stafford, Partner
- Gregory Carty-Hornsby, Partner
- Robbie Gauld, Associate
- Elliot Carrington, Associate
These proceedings demonstrate Marks & Clerk's growing expertise at the UPC, adding to our established track record in EPO opposition and appeal work and demonstrating our ability to handle complex, multi-jurisdictional patent disputes across different forums.