January 15, 2019 — Boston Scientific Corp. and Edwards Lifesciences Corp. announced that the companies have reached an agreement to settle all outstanding patent disputes between the companies in all venues around the world. All pending cases or appeals in courts and patent offices between the two companies will be dismissed, and the parties will not litigate patent disputes related to current portfolios of transcatheter aortic valves, certain mitral valve repair devices and left atrial appendage closure devices. Any injunctions currently in place will be lifted.
Under the terms of the agreement, Edwards has made a one-time payment to Boston Scientific of $180 million. No further royalties will be owed by either party under the agreement. All other terms remain confidential.
On Dec. 11, a jury in the U.S. District Court for the District of Delaware determined that the Boston Scientific U.S. patent 8,992,608 is valid and that Edwards Lifesciences’ Sapien 3 aortic valve infringes this patent. The court ruled at that time that Edwards owed Boston Scientific $35 million in infringement damages through the end of 2016. The jury also found that the Boston Scientific Lotus aortic valve system does not infringe Edwards’ Spenser patents U.S. 7,510,575, U.S. 9,168,133, or U.S. 9,339,383.
For more information: www.bostonscientific.com, www.edwards.com