OrbusNeich Medical, a designer, developer, manufacturer and marketer of medical devices for the treatment of vascular diseases, has issued a statement regarding unsuccessful retaliatory litigation efforts by Boston Scientific against it in The Netherlands.
Reportedly, in March 2009, OrbusNeich had filed a lawsuit in the US 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 had expanded its lawsuit to include a newly granted patent, the ‘Stent with Helical Elements’, which seeks unspecified monetary damages and injunctive relief in connection with its claims.
Boston Scientific had filed its retaliatory lawsuit against OrbusNeich for alleged patent infringement by OrbusNeich’ Evolution 2 catheter in the Netherlands in November 2009.
In accordance to that, 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Court of The Hague ruled that Boston Scientific’s patent for a ‘balloon catheter with distal guide wire lumen’ had been revoked in the Netherlands for lack of inventive step in a previous decision of the District Court in a case against Medinol in September 2003.
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.