Edwards Lifesciences Corporation & Anor v Meril GmbH & Anor [2020] EWHC 2562 (Pat)
This was the first of three technical trials in a patent action concerning transcatheter heart values, artificial heart valves that can be implanted into a patient without the need for surgery, and their delivery systems.
The trial concerned two of Edwards’ patents: EP(UK) 1,267,753 entitled “Minimally-invasive heart valve” (the “753 Patent”) and EP(UK) 3,494,929 entitled “Low profile delivery system for transcatheter heart valve” (the “929 Patent”).
Edwards alleged that Meril’s “Myval” transcatheter heart valve and “Navigator” delivery system infringed the 753 and 929 Patents respectively. Meril denied infringed, counterclaimed for revocation of both Patents on numerous grounds and sought declarations of non-infringement in relation to two alternative designs of the Navigator delivery system, only one of which was in issue at trial.
The trial occurred as a ‘hybrid’ hearing with the Judge and some counsel, solicitors and witnesses in court and others attending via a secure videolink. The judgment contains a short discussion on the conduct of the hybrid trial.
Birss J held that claim 1 of the 753 Patent was infringed by the Myval but was invalid for obviousness (the other grounds relied on for invalidity were rejected) and held that the 929 Patent was partially valid and infringed by both the Navigator and the alternative design.
Iain Purvis QC, Piers Acland QC, Kathryn Pickard and Mitchell Beebe appeared for Edwards, instructed by Powell Gilbert.