Edwards Lifesciences (NYSE:EW) said late last week that the US Patent and Trademark Office ruled in their favor in a patent spat with Boston Scientific (NYSE:BSX) related to transcatheter heart valves.
The Irvine, Calif.-based company said that the USPTO was engaged in an Inter Partes Review of a Boston Scientific US transcatheter heart valve patent, and ruled in Edwards favor, determining that all claims of the patent asserted against Edwards were invalid.
Boston Scientific asserted the patents against Edwards in a case filed in Delaware in 2016, after which Edwards said it asserted three of its own patents against Boston Scientific in response, according to a press release.
Edwards said its patent claims are unaffected by the ruling and will continue on to trial, which it expects to take place later this year.
Though the fight is likely far from over, Leerink partner Danielle Antalffy said the win for Edwards was significant for its transcatheter heart valve tech.
“We do believe this is a very positive development in EW’s favor that potentially puts to bed any risk of freedom to operate and/or the need for settlement or royalty payments,” Antalffy said in a letter to investors.
Antalffy went on to say that it expects that the continued case, in which Edwards is set to assert three claims against Boston Scientific, is likely “skewed in favor of EW and is most likely to result in a settlement of sorts, with worst case for EW being an outright loss and a launch of BSX’s Lotus in the U.S.”
Boston Scientific issued a statement in response, saying “We are disappointed with the U.S. Patent Office decision on the BSC Haug ‘608 seal patent, and we plan to appeal.”
