Boston Scientific and Edwards Lifesciences to settle patent disputes

16 January 2019 (Last Updated January 16th, 2019 12:22)

Boston Scientific and Edwards Lifesciences have agreed to settle all outstanding patent litigations associated with transcatheter aortic valves, certain mitral valve repair and left atrial appendage closure devices.

Boston Scientific and Edwards Lifesciences to settle patent disputes
All pending patent cases between Boston Scientific and Edwards Lifesciences will be dismissed. Credit: Edwards Lifesciences Corporation.

Boston Scientific and Edwards Lifesciences have agreed to settle all outstanding patent litigations associated with transcatheter aortic valves, certain mitral valve repair and left atrial appendage closure devices.

As part the agreement, Edwards Lifesciences has made a $180m payment to Boston Scientific. The companies noted that no additional royalties will be owed by either of them.

The medical device companies have been involved in multiple disputes regarding patents of the cardiac devices in the US and Europe.

“As part the agreement, Edwards Lifesciences has made a $180m payment to Boston Scientific. The companies noted that no additional royalties will be owed by either of them.”

Over the past year, Boston Scientific had reported favourable decisions in both regions.

In December last year, the US District Court for the District of Delaware said that Edwards Lifesciences’ Sapien 3 Aortic Valve infringes Boston Scientific’s patent.

The court also concluded that the Boston Scientific LOTUS Aortic Valve System does not infringe Edwards Lifesciences’ Spenser patents in the country.

Boston Scientific is planning to commercially launch the LOTUS System this year in the US as well as CE-Mark accepting European countries.

Furthermore, the company received similar decisions, claiming the Sapien 3 device infringes Boston Scientific patent, in Germany and the UK in October and March last year, respectively.

Under the latest arrangement, all pending cases between the companies in courts and patent offices will be dismissed. Any existing injunctions will also be lifted.

The companies in a joint statement said: “All pending cases or appeals in courts and patent offices between the two companies will be dismissed, and the parties will not litigate patent disputes related to current portfolios of transcatheter aortic valves, certain mitral valve repair devices, and left atrial appendage closure devices.”