Preliminary Injunction Against Boston Scientific Corporation (BSX)'s Guidezilla Catheter Becomes Effective
1/13/2014 7:53:29 AM
Preliminary Injunction Against Boston Scientific's Guidezilla(TM) Catheter Becomes Effective
MINNEAPOLIS, Jan. 13, 2014 (GLOBE NEWSWIRE) -- Vascular Solutions, Inc. (VASC) announced today that the U.S. Court of Appeals for the Federal Circuit has refused to grant an interim stay during appeal of the injunction issued by the District Court for the District of Minnesota against Boston Scientific's Guidezilla guide extension catheter, thereby causing the injunction to take effect starting January 13, 2014.
The preliminary injunction prohibits Boston Scientific from making, using, offering for sale or selling its Guidezilla catheter during the pendency of the parties' on-going patent infringement litigation. In granting the preliminary injunction, the District Court found that Vascular Solutions had established that it is likely to succeed in establishing at trial that Boston Scientific infringes Vascular Solutions' three U.S. Patents covering rapid exchange guide extension by making and selling the Guidezilla catheter.
The injunction was originally issued by the District Court on December 9, 2013. Boston Scientific subsequently brought a motion for reconsideration with the District Court, which was denied, followed by a motion with the Federal Circuit for an interim stay of the injunction during appeal, which was denied on January 8, 2014. The District Court's ruling provided that the injunction takes effect on January 13, 2014 and continues through the completion of the litigation, currently scheduled to be ready for trial on or after March 2015. The District Court's grant of the preliminary injunction remains subject to an appeal brought by Boston Scientific that is currently being briefed to the Federal Circuit, as well as by a further request by Boston Scientific for a stay, pending appeal, that the Federal Circuit has stated it will consider in due course.
About Vascular Solutions
Vascular Solutions, Inc. is an innovative medical device company that focuses on developing unique clinical solutions for coronary and peripheral vascular procedures. The company's product line consists of more than 75 products in three categories: catheter products, hemostat products and vein products. Vascular Solutions delivers its products to interventional cardiologists, interventional radiologists, electrophysiologists, and vein specialists through its direct U.S. sales force and international independent distributor network.
The information in this press release contains forward-looking statements that involve risks and uncertainties. Our actual results could differ materially from those anticipated in these forward-looking statements. Important factors that may cause such differences include those discussed in our Annual Report on Form 10-K for the year ended December 31, 2012 and other recent filings with the Securities and Exchange Commission. The risks and uncertainties include, without limitation, risks associated with the need for adoption of our new products, lack of sustained profitability, exposure to intellectual property claims, significant variability in quarterly results, exposure to possible product liability claims, the development of new products by others, doing business in international markets, the availability of third party reimbursement, and actions by the FDA. The District Court grant of preliminary injunction may be stayed or overturned on appeal, and the granting of a preliminary injunction is not a determination of the ultimate merits of the litigation, which will be determined by the presentation of evidence at trial or in future dispositive motions.
For further information, connect to www.vasc.com.
Vascular Solutions, Inc.
Howard Root, CEO
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