MARLBOROUGH, Mass.,
March 9, 2017 /PRNewswire/
-- Boston Scientific Corporation (NYSE: BSX) today announced
the German District Court of Düsseldorf has determined that Edwards
Lifesciences Corporation and its German subsidiary's Sapien 3™
device infringed two patents of Boston Scientific Scimed, Inc.
related to the seals for transcatheter heart valves, specifically
the German parts of EP 2 749 254 B1 and EP 2 926 766 B1.
The Lotus™ Valve System is designed for aortic valve replacement
in patients with severe aortic stenosis who are considered at high
risk for surgical valve replacement. Instead of open heart surgery,
the replacement valve is delivered via transcatheter percutaneous
delivery. The Lotus Valve Adaptive Seal™ is a technology that
creates an external seal to prevent leakage around the valve known
as paravalvular leak or PVL, which is a proven predictor of
mortality. i,ii,iii
Boston Scientific and its German subsidiary were also found not
to infringe upon Edwards' German part of EP 1 441 672 B1, but to
infringe upon Edwards' German part of EP 2 399 550 B1; however, the
company believes that the '550 patent will be revoked by the
European Patent Office (EPO).
Edwards Lifesciences and Boston Scientific can appeal each of
the four decisions as far as the District Court of Düsseldorf has
decided against them. Each company has opposed the other's patents
in the EPO.
This decision in Germany
follows the March 3, 2017, ruling
from the Patents Court of the High Court of Justice in England, which also ruled in favor of Boston
Scientific Scimed, Inc., finding that Edwards' Sapien 3 device
infringes Boston Scientific patent EP
(UK) 2 926 766 and that all claims of that patent were
valid. Edwards has stated that it will seek permission to appeal
this judgment.
"We will continue to protect our intellectual property to ensure
we can continue to bring forward innovative technologies that make
a meaningful difference in the lives of patients," said
Tim Pratt, executive vice president,
chief administrative officer, general counsel and secretary, Boston
Scientific. "We are pleased with the progress we are making
with litigation in Europe, and
believe the strength of our intellectual property will also be
upheld in U.S. cases involving the same patents."
The Lotus Valve is currently not available for use or sale.
About Boston Scientific
Boston Scientific transforms
lives through innovative medical solutions that improve the health
of patients around the world. As a global medical technology
leader for more than 35 years, we advance science for life by
providing a broad range of high performance solutions that address
unmet patient needs and reduce the cost of healthcare. For more
information, visit www.bostonscientific.com and connect on Twitter
and Facebook.
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CONTACTS:
Media:
Trish Backes
Boston Scientific Corporation
(651) 582-5887 (office)
Trish.Backes@bsci.com
Susie Lisa, CFA
Investor Relations
Boston Scientific Corporation
(508) 683-5565 (office)
investor_relations@bsci.com
i Kodali SK et al. Two-Year Outcomes after
Transcatheter or Surgical Aortic-Valve Replacement. N Engl J
Med 2012; 366:1686-1695
ii Tamburino C et al. Incidence and Predictors of Early
and Late Mortality After Transcatheter Aortic Valve Implantation in
663 Patients With Severe Aortic Stenosis. Circ.
2011;123:299.
iii Abdel-Wahab M et al. Aortic Regurgitation After
Transcatheter Aortic Valve Implantation: Incidence and Early
Outcome. Results from the German Transcatheter Aortic Valve
Implantation Registry. Heart 2011;97:899-906.
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SOURCE Boston Scientific Corporation