A court in Germany has ruled that patents held by Boston Scientific Corporation (NYSE:BSX) were infringed upon by Edwards Lifesciences Corp (NYSE:EW). These were the patents that Boston Scientific held for its transcatheter heart valves, the lotus valve system. The device is used by those patients who have been diagnosed with a severe condition of aortic stenosis. Such patients are also at high risk of being forced to undergo surgery for the replacement of the aortic valve. The device has, however, not yet been made available for sale or use.
The particular product made by Edwards that infringed on the patent held by Boston Scientific is the transcatheter heart valve known as the Sapien 3. This product was found to have infringed on 3 patents though Edwards Lifesciences has said that it will appeal the decision.
In the same court, it was also found that the German subsidiary of Boston Scientific and its parent company were not guilty of infringing on one of the patents belonging to Edwards identified as EP 1 441 672 B1 but rather the patent identified as EP 2 399 550 B1. Boston Scientific is of the view that the EPO (European Patent Office) will revoke the latter patent.
Similar lawsuits in the U.S.
Prior to the ruling in the German court sitting in Dusseldorf, an English court had also ruled in Boston Scientific’s favor earlier in the month. In its ruling, the patents court of England had, just like the German court, found that the Sapiens 3 device made by Edwards Lifesciences had infringed on a patent held by Boston Scientific.
Following the string of victories Boston Scientific’ executive VP and general counsel, Tim Pratt, has exuded confidence that the company will also win similar suits in the United States as well.
“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 U.S. cases involving the same patents,” said Pratt.
In Thursday’s trading session, shares of Boston Scientific Corporation rose by 0.69% to close the day at $24.69.