OrbusNeich Medical Inc. wasted no time after winning a new patent from the U.S. Patent & Trademark Office, filing a motion to amend a patent infringement lawsuit against Boston Scientific Corp. (NYSE:BSX) to include its new intellectual property.
The USPTO granted the Hong Kong-based firm, which has its U.S. headquarters in Ft. Lauderdale, Fla., a patent covering a "Stent with Helical Elements," according to a press release. The patent, granted March 23, covers an expandable stent with "a plurality of helical segments," according to the release.
Orbus said it filed a motion in the U.S. District Court for Massachusetts today seeking to expand the lawsuit to cover the new patent. The lawsuit, originally filed in March 2009 in the U.S. District Court for Eastern Virginia, alleges that Boston Scientific stole designs for luminal stent technology it later incorporated into its Liberté and Taxus Liberté products.
The roots of that case go back to 2000, when the companies began negotiating a potential relationship. As part of the negotiation, Orbus sent stent samples and designs to BSX ahead of filing patent applications covering the technology, applications that were later granted.
The Natick, Mass.-based medical device giant later filed its own patent application, according to the lawsuit, which contained new stent designs that were not included in any of the company’s provisional filings for the technology. Orbus only became aware of the alleged theft after the Liberté stent hit the market.
The Hong Kong firm claims it designed "major aspects of the Liberté product architecture" and is seeking unspecified monetary damages and injunctive relief.