Cardium Therapeutics (NYSE:CXM) is claiming victory in a patent battle with Boston Scientific (NYSE:BSX) over gene therapy technology used to treat coronary heart disease.

San Diego-based Cardium said the European Patent Office approved its patent application for the technology.

In 2006 the U.S. Court of Appeals for the Federal Circuit upheld Cardium’s rights to 3 related patents.

"The resolution of these important reviews of our gene therapy patents, and the consistent decisions in our favor including rulings by the U.S. courts of appeal, underscore the value of our patent portfolio, which we believe reflects a breakthrough approach to the treatment of coronary heart disease," chief business officer and general counsel Tyler Dylan-Hyde said in prepared remarks.

Cardium’s Generx therapy, alferminogene tadenovec, is intended to stimulate the growth of collateral blood vessels to bypass coronary artery blockages without surgery or other cardiological intervention. Cardium said it plans to commercialize the therapy as Cardionovo in Russia, where the company is running a Phase III clinical trial.