OrbusNeich Gets Preliminary Injunction Against Boston Scientific Corporation in Patent Case
Published: Apr 30, 2013
WIESBADEN, Germany, April 30, 2013 /PRNewswire/ -- Medical device manufacturer OrbusNeich Medical Inc. and its subsidiary, OrbusNeich Medical GmbH (collectively, "OrbusNeich") today announced that it has obtained a preliminary injunction from the Dusseldorf Regional Court in patent infringement proceedings against Boston Scientific Corporation (NYSE: BSX) and its German distribution subsidiary (collectively, "Boston Scientific").
In late February, OrbusNeich filed suit in the German Court charging Boston Scientific with infringing two patents covering certain novel stent designs developed by OrbusNeich. The two patents (EP 1 341 482 and EP 2 311 412) cover Boston Scientific coronary stent systems marketed under the names "PROMUS Element", "PROMUS Element Plus", "OMEGA", "TAXUS Element", "SYNERGY" and "Promus PREMIER".
In the preliminary injunction proceedings, the Court found that the stent design of Boston Scientific's Small Vessel, Small Workhorse and Workhorse stents of the affected product lines, those used in vessels of 4.0 mm or less in diameter, infringe the German part of the '482 Patent.
The ruling allows OrbusNeich to prevent Boston Scientific from marketing and selling the affected stent lines in Germany. The decision, which Boston Scientific may appeal, also allows for the seizure of stents in the possession of Boston Scientific Medizintechnik GmbH in Germany that have been commercially distributed but not yet used. OrbusNeich is taking the steps necessary to enforce the preliminary injunction.
"We welcome the decision of the Dusseldorf Regional Court. It reinforces both the strength of our intellectual property rights and our efforts to defend these rights on a global basis. OrbusNeich will continue to take all necessary actions to protect the company from unlawful competitive practices," said Al Novak, Chairman and Chief Executive Officer of OrbusNeich. "Through these proceedings, we are seeking to safeguard these technologies for the benefit of our patients, physician customers, investors, and employees."
In addition to the preliminary injunction, before the Court is also OrbusNeich's principal patent infringement proceedings, filed at the same time. In these proceedings, OrbusNeich is seeking damages, a permanent injunction and other relief for alleged infringement of the German parts of the '482 and '412 patents by the affected stent lines. A hearing in this main proceeding is scheduled for early 2014.
Similar infringement proceedings have also been filed in The Netherlands and Ireland.
The proceedings follow a favorable ruling for OrbusNeich by the European Patent Office (EPO) on February 11, 2013, in connection with the '482 patent. The EPO upheld the claim of the '482 patent, as amended, against an opposition by Boston Scientific and Terumo, claiming the patent was invalid. This proceeding is currently pending on appeal level.
OrbusNeich is a global company that designs, develops, manufactures and markets innovative medical devices for the treatment of vascular diseases. Current products are the world's first pro-healing stent, the Genous Stent, as well as other stents and balloons marketed under the names of Azule, R stent, Scoreflex, Sapphire, Sapphire II and Sapphire NC. Development stage products include the COMBO Dual Therapy Stent, the world's first dual therapy stent. OrbusNeich is headquartered in Hong Kong and has operations in Shenzhen, China; Fort Lauderdale, Fla.; Hoevelaken, The Netherlands; and Tokyo, Japan. OrbusNeich supplies medical devices to interventional cardiologists in more than 60 countries. For more information, visit www.OrbusNeich.com.
Follow OrbusNeich on Twitter at www.twitter.com/OrbusNeich, and learn more about the company and its innovative technology on OrbusNeich's YouTube Channel: http://www.youtube.com/user/OrbusNeichMedia.
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