UPDATED March 3, 2017, with comment from Boston Scientific.
A patent court in the U.K. issued a mixed decision in the battle over transcatheter aortic valve replacement patents between Edwards Lifesciences (NYSE:EW) and Boston Scientific (NYSE:BSX).
Boston Scientific fired the 1st shot late last year in Germany with a lawsuit against Edwards, alleging that the next generation Sapien 3 TAVR device infringes claims covering the outer sealing skirt of Boston’s Lotus valve. Edwards claims that the Boston patent issued after Edwards launched the Sapien 3 valve in Europe and has leveled its own suits against its rival and subsidiary Sadra Medical.
Boston Scientific filed counterclaims of its own in Germany and the U.K., where the Patents Court found 1 of its patents invalid but upheld another and ruled that Edwards infringes it.
“Edwards will promptly request an appeal on specific aspects of the decision, and believes that the company will ultimately prevail,” the company told MassDevice.com via email today. “Boston Scientific initiated litigation that now involves multiple patents in multiple venues, and will likely yield court actions over an extended period of time.”
The U.K. decision does not affect the availability of the Sapien 3 TAVR device in Europe and didn’t prompt any financial guidance changes, Edwards told us.
Boston Scientific disputed Edwards’ characterition of the U.K. court’s decision, saying that only some claims of the patent were found invalid, rather than the entire patent.
“The judge also ruled that Edwards does not infringe any of the valid claims,” the company told us via email. “The judge’s finding on the invalidity of the claims is contrary to the preliminary opinion of the European patent office and we will appeal this finding in the U.K.
Boston Scientific last week recalled all Lotus devices “due to reports of premature release of a pin connecting the Lotus Valve to the delivery system.”
