UPC Munich LD flags novel questions on damages law in Edwards v. Meril damages claim, flags novel questions on applicable law and non-infringing substitute profits

Context: Edwards Lifesciences and Meril Life Sciences have fought a multi-front dispute over prosthetic heart valves since the UPC launch, with Edwards having won multiple UPC injunctions against Meril, including a Munich Local Division (LD) ruling that upheld EP3669828 (“Prosthetic heart valve”) and enjoined Meril’s Myval device and Navigator delivery system (April 4, 2025 ip fray article). Meril did not appeal that decision, and infringement is no longer in dispute. On April 2, 2026, Edwards filed an application asking the Munich LD to determine the resulting damages and, as a first step, to order Meril to lay open its books under Rule 141 of the UPC’s Rules of Procedure (RoP). The Munich LD held an interim conference on this application on August 11, 2026.

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Court and counsel

The order has been issued by Presiding Judge Dr. Matthias Zigann as judge-rapporteur.

Edwards is being represented by Powell Gilbert’s Bryce Matthewson, Siddharth Kusumakar, Adam Rimmer, Daniel Down, and Carolina D’Amato.

Meanwhile, Meril is being represented by a team at Hogan Lovells: Dr. Andreas von Falck, Dr. Roman WĂĽrtenberger, Beatrice Wilden, and Chia Ching Chuong.