News | December 06, 2010

OrbusNeich Issues Statement on Boston Scientific's Retaliatory Litigation Efforts

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Court of The Hague ruled that Boston Scientific's patent for a "balloon catheter with distal guide wire lumen" had been revoked in the Netherlands.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

Related Content

The U.S. Food and Drug Administration (FDA) recently granted an additional indication to Bard Peripheral Vascular's Covera Vascular Covered Stent for the treatment of a stenosis or blockage which has developed anywhere in the access circuit of patients on hemodialysis using an arteriovenous (AV) fistula.
Technology | Stents | April 03, 2019
April 3, 2019 — The U.S.

A comparison of stent strut thickness between the Orsiro stent, pictured, and the market-leading stents on the U.S. and European markets. Vendors have been working toward reducing strut thickness to help improve overall clinical outcomes. Orsiro is now the smallest strut stent available on the market. 

Feature | Stents | February 22, 2019 | Dave Fornell, Editor
February 22, 2019 — The U.S.
The Medtronic Resolute Integrity drug-eluting stent is among the top three stents on the U.S. market. Outcomes for these stents are very similar, so the stents have largely become a commodity product purchased on price rather than clinical data. Stent advances and new stent technologies.

The Medtronic Resolute Integrity drug-eluting stent (DES) is among the top three stents on the U.S. market. Outcomes for these stents are very similar, so the stents have largely become a commodity product purchased on price rather than clinical data.

Feature | Stents | January 29, 2019 | Dave Fornell, Editor
There was a lot of hype and high hopes pinned on bioresorbable stent technologies as the way of the future two years
The Indian-made SMT SuperFlex stent. SMT has been developing stents and other interventional products designed to be a more affordable, home-grown option for the growing Indian market.

The Indian-made SMT SuperFlex stent. SMT has been developing stents and other interventional products designed to be a more affordable, home-grown option for the growing Indian market.

News | Stents | January 22, 2019
The rise cardiovascular disease has been instrumental in fueling the coronary stent market share in the past few year
The Biotronik Osiro is an ultra thin strut, sirolimus-eluting stent. #TCT2018

The Biotronik Osiro is an ultra thin strut, sirolimus-eluting stent.

News | Stents | October 04, 2018
October 4, 2018 – Investigators unveiled clinical data from the independent BIONYX and SORT OUT IX all-comers trials
FDA Approves Biotronik's PK Papyrus Stent for Coronary Perforations
Technology | Stents | September 27, 2018
September 27, 2018 — Biotronik recently announced U.S.
Videos | Stents | September 11, 2018
This is an animation showing how the dedicated bifurcation stent developed by Advanced Bifurcation Systems (ABS) is d
Elixir Medical Corporation Unveils Transformational DynamX Stent Featuring Adaptive Segments that Uncage the Stented Artery
News | Stents | January 25, 2018
January 25, 2018 – Elixir Medical Corporation, a leader in the development of breakthrough adaptive remodeling techno
The TIDES-ACS results show us that the Optimax stent is noninferior in patients with acute coronary syndrome compared to Synergy.

The presentation of the ESC late-breaker TIDES-ACS results show us that the Optimax stent is noninferior in patients with acute coronary syndrome compared to Synergy.

News | Stents | November 24, 2017
November 24, 2017 – During a late-breaking session at the European Society of Cardiology (ESC) 2017 meeting, presente
News | Stents | November 10, 2017
Cordis, a Cardinal Health company, recently unveiled a comprehensive interventional cardiology portfolio, which now...
Overlay Init