MIT and Children's Medical sue Shire over DermaGraft diabetic foot ulcer treatment

January 18, 2013 by MassDevice staff

Massachusetts Institute of Technology and Children's Hospital Corp. accuse Shire Regenerative Medicine of willfully infringing on a trio of patents with its DermaGraft diabetic foot ulcer skin graft treatment.

legal gavel

Regenerative therapies maker Shire (NSDQ:SHPGY) found itself the focus of a lawsuit after the Massachusetts Institute of Technology and Children's Medical Center Corp. accused the company of willfully infringing on a trio of patents.

The plaintiffs claim Shire, Shire Regenerative Medicine and Shire Pharmaceuticals are in violation of 2 patents describing a "3 dimensional fibrous scaffold containing attached cells for producing vascularized tissue in vivo," as well as a 3rd patent for preparation of such scaffolds.

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MIT and Children's Medical, the parent organization of The Children's Hospital Corp. and operator of Boston Children's Hospital, asked that a court award damages for each count of infringement, but did not explicitly ask for actions that would prevent Shire from continuing to sell the DermaGraft therapy.

DermaGraft, which is cleared for treating diabetic foot ulcers, was owned by Smith & Nephew (FTSE:SN, NYSE:SNN) before it abandoned the product in 2005 after the FDA rejected it as a leg ulcer treatment. SNN then sold the rights to Advanced BioHealing in 2006.