The U.S. Patent Trial and Review Board (PTAB) this week shot down an attempt by Edwards Lifesciences (NYSE:EW) to invalidate the patents that Abbott (NYSE:ABT) holds on its MitraClip transcatheter mitral valve repair (TMVR) device.
In a ruling published Thursday, the PTAB said Edwards failed to show that it would prevail in with at least one of the claims it made against the patents owned by Abbott subsidiary Evalve, which . makes MitraClip. Abbott bought Evalve in 2009 for $410 million.
Edwards filed the petition in July 2019, asking the board to review 25 claims that Evalve/Abbott hold on the MitraClip patent. Edwards maintains that the claims are unpatentable. Abbott responded that the patent claims Edwards challenged could be resolved in a trial scheduled to begin May 4, 2020. Abbott sued Edwards for patent infringement in U.S. District Court in Delaware in January 2019 over the same ‘493 patent on MitraClip.
The lawsuit is “scheduled for resolution over half a year before this proceeding would likely conclude,” the PTAB wrote.
You can read the PTAB’s decision here.