The UPC has been a big hit for medtech litigation, with two of the UPC’s largest disputes being in this sector. Medtech companies are arguably the most prevalent users of the Court to date.
Medical devices companies were early adopters of the new UPC. The option of centralising litigation in a single court as opposed to the more traditional fragmented nature of national litigation appears to have been an attractive option for companies such as Edwards Lifesciences, Abbott and Dexcom. Early adopters of the UPC also see the opportunity to influence the developing jurisprudence in what will be a key forum in global patent litigation for many years to come.
A team from Powell Gilbert, led by Siddharth Kusumakar and Bryce Matthewson, are acting for Edwards Lifesciences, the global leader in transcatheter prosthetic heart valves, which has already secured two UPC-wide injunctions against Meril Life Sciences’ heart valve products. Further UPC cases continue in respect of other Meril heart valve and accessory products across multiple UPC divisions. The UPC cases between Edwards and Meril have also been the first in the new Court to consider the balance between a patentee’s right to prevent the unauthorised use of its innovation and patient welfare, which has been a prominent and widely-debated issue in European patent litigation in recent years.
The dispute between Dexcom and Abbott concerned personal blood glucose monitoring devices, with both companies having popular consumer products in this lucrative and fast-growing sector. Following various hearings across multiple UPC divisions, the companies reached a global settlement preventing legal action between them for patent disputes for the next 10 years.
Settlement is a common outcome in many UPC disputes. Unsurprisingly, the significant commercial impact of UPC proceedings – and the prospect of a UPC-wide injunction – appears to be driving parties towards settlement which may make it an even more attractive forum for future litigation. The UPC will undoubtedly continue to attract medtech litigation with its wide ranging and relatively quick relief.
