Blog Coverage German and UK Courts Rule in Favor of Boston Scientifics’ Patent Related Litigation with Edwards Lifesciences

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LONDON, UK / ACCESSWIRE / March 10, 2017 / Active Wall St. blog coverage looks at the headline from Boston Scientific Corp. (NYSE: BSX) as the Company announced on March 09, 2017, that the German District Court of Düsseldorf had concluded that Edwards Lifesciences Corporation (NYSE: EW) and its German subsidiary Edwards Lifesciences Services GmbH’s Sapien 3™ heart valve infringed on two patents of Boston Scientific Scimed, Inc. related to adaptive sealing technology. Register with us now for your free membership and blog access at:

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One of Boston Scientific’s competitors within the Medical Appliances & Equipment space, Nevro Corp. (NYSE: NVRO), reported on February 23, 2017, its financial results for the three months and full year ended December 31, 2016. AWS will be initiating a research report on Nevro in the coming days.

Today, AWS is promoting its blog coverage on BSX and EW; touching on NRVO. Get all of our free blog coverage and more by clicking on the link below:

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Commenting on the ruling, Tim Pratt, Executive V.P., Chief Administrative Officer, General Counsel and Secretary of Boston Scientific said:

“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 US cases involving the same patents.”

Rulings by the Court in Germany

The German Court ruled that the infringement was specific to two German parts of the Sapien 3™ heart valve – EP 2 749 254 B1 and EP 2 926 766 B1. The German Court also ruled that Boston and its German subsidiary did not infringe on Edwards ‘ German part EP 1 441 672 B1 but did infringe on Edwards ‘ German part EP 2 399 550 B1. However, Boston is confident that the European Patent Office (EPO) will revoke the patent on EP 2 399 550 B1.

The patents are related to Boston’s Lotus™ Valve System. The Lotus Valve System is used for aortic valve replacement in those patients who have severe aortic stenosis (Aortic stenosis is a narrowing of the aortic valve opening) and who are considered high risk for surgery for valve replacement. The replacement valve is put in place using transcatheter percutaneous delivery method, thus avoiding open heart surgery altogether. Transcatheter percutaneous delivery is also known as transcatheter aortic valve implantation (TAVI), or transcatheter aortic valve replacement (TAVR), is the replacement of the aortic valve of the heart through the blood vessels as opposed to valve replacement by open heart surgery.

Boston’s Lotus Valve Adaptive Seal™ technology creates an external seal that prevents any leakage outside the valve. The seal is very critical and has the ability to influence the mortality of the patients’.

Both Boston and Edwards have the option to appeal against the German Courts ruling. Interestingly the battleground has also expanded as both Companies have opposed each other’s patents at the European Patent Office (EPO).

Rulings by the Court in UK

On March 03, 2017, the Patents Court in UK ruled on Edwards’ lawsuit against Boston alleging that the European patent on repositionable heart valve owned by Boston’s subsidiary is invalid. The UK Court gave a mixed ruling and noted that one of Boston’s patents related to the outer seals for transcatheter heart valve is invalid but the second patent is valid and Edwards has infringed on the same.

About the multi-location litigation, claims, and counter claims

Boston was the first to file a lawsuit, and below are the claims and counter claims:

October 30, 2015 – Boston’s subsidiary files a suit against Edwards Lifesciences Corporation and Edwards Lifesciences Services GmbH in Düsseldorf District Court in Germany alleging that Edwards’ SAPIEN 3 heart valve infringes on Boston’s patent related to adaptive sealing technology.

November 09, 2015 – Edwards Lifesciences, LLC files a case against Boston’s subsidiary Sadra Medical, Inc., in the High Court of Justice, Chancery Division Patents Court, UK. Edwards claimed that the European patent on repositionable heart valve owned by Sadra is invalid. In reply to this, Boston made a counter claim on January 15, 2016 that the European patent is valid and Edwards had infringed on it.

November 23, 2015 – Edwards Lifesciences PVT, Inc. files a patent infringement action against Boston’s subsidiary Boston Scientific Medizintechnik GmbH, in the District Court of Düsseldorf, Germany. Edwards alleged that Boston Scientific’s Lotus™ transcatheter heart valve system infringes on European patent on Spenser owned by Edwards.

November 23, 2015 – Edwards Lifesciences Corporation files a patent infringement case against Boston and its subsidiary Boston Scientific Medizintechnik GmbH in the District Court of Düsseldorf, Germany. The suit alleges that Boston Scientific’s Lotus™ transcatheter heart valve system infringes on European patent on Bourang owned by Edwards.

With so many suits involving multiple patents and venues, Boston is likely to be engaged in various Courts for a long time. Edwards plans to appeal against the decisions by the German and UK Courts and feels that in the end the Company will be victorious.

In February 2017, Boston voluntarily withdrew its Lotus™ heart valves from the market citing mechanical issues as the reason. Currently, it is not available commercially for sale in the market.

In parallel, Edwards Lifesciences has assured its customers that the SAPIEN 3 valve will continue to be available commercially. It also continues to maintain its financial guidance for FY17.

Stock Performance

Boston Scientific’s share price finished yesterday’s trading session at $24.69, marginally advancing 0.69%. A total volume of 5.85 million shares exchanged hands. The stock has rallied 18.64% and 41.73% in the last three months and past twelve months, respectively. Furthermore, since the start of the year, shares of the Company have surged 14.15%. At Thursday’s closing price, the stock’s net capitalization stands at $33.69 billion.

Edwards Lifesciences’ stock, on the other hand, jumped 3.94% on March 09, 2017, and closed at $93.06. Approximately, 3.83 million shares exchanged hands by the end of the day’s trading. The stock has advanced 2.59% and 11.82% in the last 30 days and 90 days respectively. The stock’s yearly performance was 8.52% as compared to its year-to-date performance of negative 0.68%. The stock has a PE ratio of 35.60 and a market capital of $19.97 billion.

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