According to a press release, Boston Scientific has, along with several other opponents, successfully opposed Edwards Lifesciences Corporation’s European patent EP 2,399,550 (550) in the European Patent Office (EPO), resulting in a revocation of the patent.
The press releases notes that the 550 patent was the only Edwards patent that Boston Scientific was found to infringe in the March 2017 German District Court litigation between the companies and is also the sole basis of Edwards’ infringement action against Boston Scientific in Ireland.
While Edwards has the right to appeal the EPO’s decision, Boston Scientific claims the Edwards patent revocation will have a positive impact on both suits. As to the Boston Scientific patents that Edwards was found to infringe in March 2017—EP 2 749 254 B1 (254) and EP 2 926 766 B1 (766)—the German Court of Appeal will hear arguments in May and June of this year.
Following last month’s UK Court of Appeal’s decision confirming that Edwards’ Sapien 3 device infringes the Boston Scientific 766 patent and that all claims of that patent are valid, the UK High Court has scheduled a hearing for the week of May 14, 2018 to determine what, if any, exception or limitation should be made to allow for Edwards to continue to supply the Sapien 3 valve in the UK.
Boston Scientific currently offers the Acurate neo transcatheter aortic valve system in key European markets. The company is also seeking CE mark application for the next-generation transcatheter aortic valve implantation (TAVI) system, the ACURATE neo2 and intends to commercialise the new valve later this year as well as begin a pivotal clinical study for US regulatory filing.
