Updated: Included information from the Edwards settlement in May.
A new patent spat is being fought in Germany by Boston Scientific (NYSE:BSX), which alleges that Edwards Lifesciences (NYSE:EW) is infringing on a patent associated with its Lotus transcatheter heart valve.
Late last month, Boston Scientific filed the patent infringement in Dusseldorf alleging that the Edwards Sapien 3 transcatheter aortic valve replacement infringes on a European adaptive sealing technology patent, according to a correspondence between MDDIOnline and Boston Scientific spokesperson Thomas Keppler.
Keppler told MDDI that the Lotus Valve won CE Mark approval in the European Union in October 2013, featuring adaptive sealing technologies designed to reduce paravalvular leakage.
In January, 2014, Edwards won a CE Mark for its Sapien 3, which Keppler said “also uses an external seal which it claims significantly reduces PVL.”
“It is unfortunate that Boston Scientific, as a more recent entrant into the TAVR field, is seeking to capitalize on our long-term efforts and gain greater presence through the court system. Our investments in developing the field of TAVR have been significant, encompassing more than 15 years of trailblazing work and greater than $1 billion dedicated to carefully nurturing the development of this therapy, training clinicians around the world and investing in the clinical research that guides the continuous improvement in patient outcomes,” Edwards said in a response statement.
Edwards is no stranger to TAVR suits, having won a round in January last year in the longtime legal battle Medtronic (NYSE:MDT) over their respective transcatheter aortic valve implants when a Delaware jury ruled that Medtronic’s CoreValve device infringes a patent covering Edwards’ Sapien device.
The case was dropped in May, when both companies agreed to settle all of their patent litigations related to the transcatheter heart valves.
The agreement saw Medtronic paying Edwards a 1-time fee of $750 million, as well as quarterly license royalty payments through April 2022 based on a percentage of Medtronic CoreValve sales, Edwards said.