Boston Scientific said the German District Court of Düsseldorf determined that Edwards Lifesciences and its German subsidiary’s Sapien 3 device infringed two patents of Boston Scientific Scimed, Inc. related to seals for transcatheter heart valves.
“Boston Scientific and its German subsidiary were also found not to infringe upon Edwards’ German part of EP 1 441 672 B1, but to infringe upon Edwards’ German part of EP 2 399 550 B1; however, the company believes that the ‘550 patent will be revoked by the European Patent Office (EPO),” said Boston Scientific.
Edwards Lifesciences said the Düsseldorf court “ruled that Boston Scientific’s Lotus valve infringes one of Edwards’ patents for transcatheter aortic valves, but does not infringe a second.”
Edwards Lifesciences and Boston Scientific can appeal each of the four decisions as far as the District Court of Düsseldorf has decided against them. Each company has opposed the other’s patents in the EPO.
Boston Scientific general counsel Tim Pratt: “We are pleased with the progress we are making with litigation in Europe, and believe the strength of our intellectual property will also be upheld in US cases involving the same patents.”
Edwards Lifesciences added: “The court … ruled that the Edwards Sapien 3 valve infringes two of Boston Scientific’s patents for outer seals of transcatheter heart valves.
“Edwards will promptly request an appeal, and believes that the company will ultimately prevail.
“Boston Scientific initiated litigation that now involves multiple patents in multiple venues, and will likely yield court actions over an extended period of time.
“The company does not presently anticipate disruption to the supply of Sapien 3 valves to patients, and Edwards is not updating its 2017 financial guidance.”