Key takeaways
Suspensive effect of an appeal must only be ordered in exceptional circumstances
The application for suspensive effect is admissible but must be dismissed as unfounded.
A order on suspensive effect may be considered, for instance, if the appealed order or decision is manifestly erroneous, or if the appeal becomes devoid of purpose in the absence of suspensive effect.
In particular, the Court of Appeal found no manifest errors in the claim construction of the first instance and no manifest violation of fundamental procedural rights.
Regarding the alternative request for a stay of the enforcement of the impugned decision against payment of a security by the Applicant, the Applicant failed to provide a proper legal basis.
Division
Court of Appeal Luxemburg
UPC number
UPC_CoA_166/2025
Type of proceedings
Place type of proceedings
Parties
Applicant (Defendant before CFI): 1. Meril GmbH, 2. Meril Life Sciences PVT LTD.
Respondent (Claimant before CFI): Edwards Lifescience Corporation
Patent
EP 3 646 825
Body of legislation / Rules
Article 74(1) UPCA
