Edwards Lifesciences Corporation & Anor v Meril GMBH & Anor

Edwards Lifesciences Corporation & Anor v Meril GMBH & Anor

Edwards is the overall winner for costs purposes because Meril's current product cannot be sold in the jurisdiction due to infringement of Edwards' patent rights, warranting a costs award to Edwards subject to significant deductions for issues lost.

Source-derived case information.

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 After Judgment
Outcome
Edwards awarded 54% of its assessed costs to be paid by Meril, subject to deductions for issues lost.
Legal Topics
Costs, Apportionment, Patent Infringement, Patent Validity
Intellectual Property Patents Costs Apportionment Patent Infringement Patent Validity

Source-derived case record

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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 After Judgment

Legal Issues

  1. 1 Who is the overall winner for purposes of costs?
  2. 2 How should costs be apportioned between parties given mixed success on two patents?

Ratio Decidendi

Edwards is the overall winner for costs purposes because Meril's current product cannot be sold in the jurisdiction due to infringement of Edwards' patent rights, warranting a costs award to Edwards subject to significant deductions for issues lost.

Court Disposition

Edwards awarded 54% of its assessed costs to be paid by Meril, subject to deductions for issues lost.

Orders

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