Gide x Regimbeau – Patent Litigation: The definition of “party” in Meril Italy S.r.l. v Edwards Lifesciences Corporation case of the Paris Central Division issued on 13 November 2023 is one of JUVE Patent’s top 5 most influential cases since the UPC came into force

Taking stock of the first year of existence of the Unified Patent Court ("UPC") in an article published on 5 June 2024 (click HERE to read the article), JUVE Patent has selected the five most significant cases handed down by the UPC since its entry into force on 1^st June 2023, in order to analyze the direction taken by the Jurisdiction in its start-up phase.

The order issued on 13 November 2023 by the Judge-Rapporteur of the Paris Central Division ("PCD") of the UPC, Mr. Paolo Catallozzi, in the revocation action brought by Meril Italy S.r.l. ("Meril Italy"), is one of them. Meril was represented by Gide x Regimbeau, against patent EP 3 646 825 ("EP 825") held by Edwards Life Sciences Corporation ("Edwards")

This is quite a feat, given that 373 actions were brought before the UPC in the space of a year.

As a reminder, Edwards considered that Meril ltaly was the same "party" as Meril Life Sciences Pvt. Ltd ("Meril India") and Meril GbmH, defendants in an infringement action already pending, and then counterclaimants for invalidity of the same patent before the Munich Local Division ("MLD"), since Meril Italy is a wholly-owned subsidiary of these defendants and counterclaimants. Edwards then challenged the jurisdiction of the PCD in favor of MLD's jurisdiction.

Rejecting Edwards' Preliminary Objection, the Judge-Rapporteur opted for a narrow definition of "party" within the meaning of UPCA: Meril Italy must not be considered to be the same party as Meril India and/or Meril GmbH. He therefore ruled that a wholly-owned subsidiary may bring a separate revocation action before the PCD, even if an infringement and invalidity case involving its parent company is already pending before another division of the UPC (click HERE to read our article on this decision - case ID: UPC_CFI_255/2023).

Meril Italy's main revocation action before the PCD has therefore been allowed to proceed. The two main revocation action and counterclaim for revocation cases against EP 825 were "heard together" before the PCD at the oral hearing on 7 June 2024 (click HERE to read our article on this historic oral hearing).

JUVE Patent especially wrote that: "The major battle between Edwards and Meril set a new standard in attacks against patents-in-suit", thus highlighting in particular the alliance of the Gide x Regimbeau partnership.