OrbusNeich is taking a recent patent infringement win against Boston Scientific (NYSE:BSX) even further, filing lawsuits in both Germany and the Netherlands to allege patent infringement over stent technology.
OrbusNeich claims Boston Scientific’s Promus Element, Promus Element Plus, Taxus and other stents are infringing on a pair of patents, for which OrbusNeich is seeking a preliminary injunction, damages and a recall of the infringing products that have not been used in patients.
OrbusNeich named in its complaint 2 allegedly infringed patents, including the so-called "482" patent that was also at the center of a European infringement battle that ended in OrbusNeich’s favor.
OrbusNeich said the patent office upheld the claims of an amended version of the patent, which is not slated to expire until December 2021, although Boston Scientific plans to appeal that decision, a company spokesman told MassDevice.com.
It’s not the first legal dance for the 2 companies. The companies are fighting the same battle in the U.S., where a lawsuit filed in 2009 has been stayed pending review of the patents in question. OrbusNeich is "reviewing its options with respect to this litigation," according to a company statement.
In March 2011, a federal judge in Massachusetts shot down Boston Scientific’s bid to have a pair of claims dismissed from an OrbusNeich lawsuit over BSX’s Liberté stent.
The District Court of The Hague, Netherlands, handed Boston Scientific a setback in December 2010, ruling that its patent for a "balloon catheter with distal guide wire lumen" had been revoked in the Netherlands.
And in April 2010, OrbusNeich amended a lawsuit against the medical device giant after the U.S. Patent & Trademark Office granted it a new patent covering helical stent technology.