Context: Edwards Lifesciences and Meril Life Sciences have fought a multi-jurisdiction dispute over heart valve technology, with Edwards to date winning multiple UPC injunctions against Meril in Europe, most recently in a Central Division Paris ruling (October 22, 2025 ip fray article) that followed a landmark Munich Local Division decision addressing the proportionality of injunctive relief (April 4, 2025 ip fray article). Because Edwards holds no Brazilian patent covering its Sapien 3 valve, its case against Meril’s Brazilian affiliate and its distributor is instead built on unfair competition and trade dress claims, filed February 16, 2022. A São Paulo trial court fully rejected those claims on May 14, 2025, finding no unfair competition or trade dress infringement based on court-appointed expert testimony.
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Court and counsel
The São Paulo State Court of Appeals, 1st Business Chamber (extended panel of five judges).
Meril is being represented by Bhering Advogados’ Philippe Bhering and Thiago Ruschi, who presented oral arguments at the appellate hearing.
Edwards is being represented by Dannemann Siemsen and Garbi Advogados, with oral arguments presented by retired Appellate Judge Carlos Alberto Garbi.