Boston Scientific has filed for appeal of the injunction that enables OrbusNeich to block the imports, but the appeals process could take 6 to 9 months, OrbusNeich reported.
The injunction prevents Boston Scientific from selling in Germany its Promus Element, Promus Element Plus, Promus Premier, Omega, Taxus Element or Synergy stents in any of the small vessel, small workhorse or workhorse diameters, according to a press release. It further prevents Boston Scientific from encouraging other companies to sell the products in Germany.
A German court last month granted OrbusNeich a preliminary injunction in the legal row over coronary stent patents. The German win was part of the smattering of lawsuits OrbusNeich filed after winning a European patent decision in February.
"Boston Scientific strongly believes that our products do not infringe Orbus’ patents," spokesman Steve Campanini told MassDevice.com in an email late last month. "The company will appeal the decision and seek remedies for loss of revenue stemming from the injunction. In the meantime, we will abide by the German court’s rulings."
OrbusNeich is also seeking a permanent injunction, damages and a recall of any infringing products that have not been used in patients. A hearing is slated for early 2014, OrbusNeich said.
Although it’s more likely to end in a royalty settlement, according to Leerink Swann analyst Danielle Antalffy, the injunction could cost BSX about $90 million in sales and 2¢ in earnings per share.
It’s not the first legal dance for the 2 companies, which are also fighting in U.S. courts. A lawsuit filed here 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.