Now that the U.S. Patent & Trademark Office has granted an extension on a patent covering its Sapien heart valve, Edwards Lifesciences (NYSE:EW) wants a Delaware judge to award further damages stemming from its patent infringement victory over Medtronic (NYSE:MDT) and its competing CoreValve device.
In April 2010, a jury found that CoreValve (acquired by Medtronic for $700 million in 2009) willfully infringed an Edwards patent, awarding $73.5 million in damages. That decision was later upheld by a federal appeals court.
Now Irvine, Calif.-based Edwards wants damages covering the time between May 1, 2012 and May 2, 2014, covering its latest patent extension, according to court documents.
"Medtronic CoreValve has refused to participate in an accounting of damages beginning May 2, 2012, to the present, on the sole ground that the [patent] is in an interim extension period," according to the documents. "Based on Medtronic CoreValve’s continuing willful infringement and its refusal to submit an accounting for damages beginning May 2, 2012, to the present, Edwards now moves the court to order an accounting of damages from May 2, 2012, to the present."
Edwards CEO Mike Mussallem said early this year that the company expects the Sapien transcatheter aortic heart valve to enjoy patent exclusivity until 2016 or 2017.