Court of Dusseldorf grants Alvimedica an injunction against A B Handels GmBH

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Alvimedica has announced that the Court of Dusseldorf (Germany) has recognised in full the CID-Alvimedica rights on intellectual properties regarding the principles and related technology on drug release from a stent through reservoirs on the outer surface (abluminal reservoir technology).

A press release reports that, as a result of this recognition, the Court has issued an injunction against A B Handels GmbH—which the press release describes as a dealer of a MicroPort stent in Germany—that forbids, with immediate effect, any commercial action on any version of stent featuring the protected principles.

According to the press release, CID Spa (an Italian company, now member of Alvimedica Group) was the first company in the world to market a polymer-free drug-eluting stent, and the first company to market a reservoir-based drug-eluting stent. The technology was designed to provide interventional cardiologists with the advantages of a combination of a cobalt-chromium polymer-free platform, which is integrally coated by an antithrombotic ultrathin pure carbon coating, and the proprietary drug release system based on reservoirs on the stent’s outer surface to ensure a prolonged and targeted drug release towards the vessel wall.

The press release says that the above unique features are coupled with the Amphilimus formulation (sirolimus plus fatty acid); “another unique patented technology particularly effective in case of diabetes mellitus”. It adds that MicroPort, a company based in China, introduced in some countries a drug-eluting stent named Firehawk that reproduces the concept of drug release from grooves on the outer surface of the stent mimicking the Alvimedica design.

“The injunction, issued by the most influential Court for patents in Germany, confirms the validity of Alvimedica intellectual property. The company is fully engaged in exploiting all the unique features of its technology in order to extend the undoubtful benefits to the widest patient population” says Leyla Alaton, president of Alvimedica Group.

Responding to the announcement from Alvimedica, a spokesperson from MicroPort told Cardiovascular News:

“MicroPort categorically denies that A B Handels GmbH, the subject of the injunction, is MicroPort’s distributor or dealer. MicroPort has no formal contractual relationship with and has never conducted business with A B Handels GmbH. MicroPort is actively investigating how A B Handels GmbH was able to obtain Firehawk product to sell in Germany without MicroPort’s approval and any participatory role this entity has played in the granting of this injunction.

“In addition, Alvimedica’s statement that MicroPort’s product ‘reproduces the concept of drug release from grooves on the outer surface of the stent mimicking the Alvimedica design’ is without foundation. There are significant differences between MicroPort’s Firehawk product and the claims of Alvimedica’s patents. We believe that MicroPort’s Firehawk product is not within the protection scope of Alvimedica’s patents.

“We look forward to vigorously defending our intellectual property and commercial rights against the relevant parties in the German and European courts.”

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