Edwards Lifesciences Corporation & Anor v Meril GMBH & Anor [2020] EWHC 2938 (Pat) (02 November 2020)

Edwards Lifesciences Corporation & Anor v Meril GMBH & Anor [2020] EWHC 2938 (Pat) (02 November 2020)

Edwards is the overall winner as Meril's current product cannot be sold in the jurisdiction due to infringement of the '929 patent, justifying a costs order in Edwards' favour subject to significant deductions for issues lost, particularly on the '753 patent.

Source-derived case information.

Citation
[2020] EWHC 2938 (Pat)
Parties
Claimant: Edwards Lifesciences Corporation; Claimant: Edwards Lifesciences Limited; Defendant: Meril GmbH; Defendant: Meril Life Sciences Pvt. Ltd
Jurisdiction
England and Wales
Judgment Date
02 November 2020
Procedural Posture
Patent Litigation / Costs Determination Following Trial Judgment
Outcome
Edwards awarded 54% of its assessed costs of the action to be paid by Meril.
Legal Topics
Costs Orders, Patent Infringement, Patent Validity, Apportionment of Costs
Intellectual Property Patents Costs Orders Patent Infringement Patent Validity Apportionment of Costs

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Parties

Edwards Lifesciences Corporation

Claimant

Edwards Lifesciences Limited

Claimant

Meril GmbH

Defendant

Meril Life Sciences Pvt. Ltd

Defendant

Procedural Posture

Patent Litigation / Costs Determination Following Trial Judgment

Legal Issues

  1. 1 Who is the overall winner for the purpose of costs?
  2. 2 How should costs be apportioned between issues/patents where each party had partial success?

Ratio Decidendi

Edwards is the overall winner as Meril's current product cannot be sold in the jurisdiction due to infringement of the '929 patent, justifying a costs order in Edwards' favour subject to significant deductions for issues lost, particularly on the '753 patent.

Court Disposition

Edwards awarded 54% of its assessed costs of the action to be paid by Meril.

Orders

  • Meril to pay Edwards 54% of Edwards' assessed costs of the action.