Medtronic announced on 14 November 2013 that a German court ordered the discontinuation, in its entirety, of a prior court ruling that prohibited Medtronic from commercially marketing or selling the CoreValve system in Germany since 26 August 2013.
“Medtronic is very pleased with this decision as it will ensure that patients in Germany who need aortic valve replacement will have access to this life-saving therapy,” said John Liddicoat, senior vice president, Medtronic, and president of the Medtronic Structural Heart Business. “As a result of the ruling, Medtronic will resume distribution of the CoreValve system in Germany.”
The Higher Regional Court Karlsruhe explained that, due to the European Patent Office (EPO) preliminary opinion that the Edwards’ EP2055266 Spenser patent claims are not valid, it could not assume “with sufficient likelihood” that the Spenser patent is valid.
Medtronic will post the €5 million bond required by the order as soon as possible and then resume sales in Germany.