December 6, 2010 - A European court has struck a blow to Boston Scientific's alleged patent infringement case against OrbusNeich. The case is viewed by OrbusNeich as an unsuccessful retaliatory litigation effort to distract the marketplace from OrbusNeich's pending patent infringement and theft of trade secret case against Boston Scientific in the United States.
In March 2009, OrbusNeich filed a lawsuit in the United States asserting claims against Boston Scientific for patent infringement, breach of contract and for misappropriation of trade secrets related to the Boston Scientific Liberte and Taxus Liberte branded stents. In April 2010, OrbusNeich expanded its lawsuit to include a newly granted patent, the "stent with helical elements." The suit seeks unspecified monetary damages and injunctive relief in connection with its claims. Boston Scientific filed its retaliatory lawsuit against OrbusNeich for alleged patent infringement by OrbusNeich' Evolution 2 catheter in the Netherlands in November 2009.
Last month, the District Court of The Hague ruled that Boston Scientific's patent for a "balloon catheter with distal guide wire lumen" had been revoked in the Netherlands. It said there was a lack of inventive step in a previous decision of the District Court in a case against Medinol in September 2003. The District Court ruled that Boston Scientific's patent must be considered as being revoked and that no injunction can be granted on the basis of this patent, unless and until the revocation decision by the District Court in the case against Medinol is set aside by the Court of Appeals of The Hague in the appeal proceedings against the revocation decision in that case. The District Court stayed the proceedings until a final and conclusive decision is rendered in the appeal proceedings against the revocation decision in the Medinol case.
Boston Scientific's claim for a preliminary injunction pending the stay was denied, as the District Court decided that Boston Scientific lacked an urgent interest, as Boston Scientific had already been aware of OrbusNeich' catheter for many years.
OrbusNeich said it is pleased with the District Court of The Hague's recent decision and it is confident in the Court of Appeals of The Hague reaching the same conclusion should Boston Scientific initiate the appeal. The company said Boston's case is without merit and, consistent with their past business practices, is simply an effort to wear down OrbusNeich by forcing the company to spend significant time, money and resources in defending the case.
OrbusNeich has and ongoing infringement and theft of trade secret claims against Boston Scientific in the United States District Court for the District of Massachusetts.
For more information: www.orbusneich.com