UPDATED Feb. 13, 2012 with comment from Boston Scientific.
OrbusNeich claimed a win over Boston Scientific (NYSE:BSX) in a European patent battle over stent technology.
Hong Kong and Ft. Lauderdale-based OrbusNeich said the European Patent Office denied a bid by Boston Scientific and its Japanese ally Terumo Corp. (TYO:4543) to have its so-called "’482" patent overturned, according to a press release.
OrbusNeich said the patent office upheld the claims of an amended version of the patent, which is not slated to expire until December 2021, during a hearing yesterday.
"OrbusNeich believes that the claim of the ‘482 patent is infringed by current lines of Boston Scientific’s stent systems. OrbusNeich is committed to maintaining and enforcing patent protection for all of its intellectual property and innovations. The Company is evaluating all options related to its stent patent portfolio," according to the release.
A Boston Scientific spokesman told MassDevice.com that the company plans to appeal the EPO decision.
"Boston Scientific will appeal the European Patent Office’s ruling and will defend our position in the courts should they choose to litigate," Steve Campanini wrote in an email.
It’s not the first legal dance for the 2 companies. In March 2011, a federal judge in Massachusetts shot down Boston Scientific’s bid to have a pair of claims dismissed from an OrbusNeich lawsuit over BSX’s Liberté stent.
The District Court of The Hague, Netherlands, handed Boston Scientific a setback in December 2010, ruling that its patent for a "balloon catheter with distal guide wire lumen" had been revoked in the Netherlands.
And in April 2010, OrbusNeich amended a lawsuit against the medical device giant after the U.S. Patent & Trademark Office granted it a new patent covering the helical stent technology.
