We’ve been following the ongoing spat that is the patent litigation between Edwards Lifesciences and Medtronic over their respective Transcatheter Aortic Valve offerings. The most recent news, back in April was that three judges had voted, two to one, that Edwards’ injunction over Medtronic’s CoreValve device would be “stayed” for the time being, as we reported here.
Leap forward a few weeks and now one of those three judges, Chief Judge Randall Rader, has “bowed out of notable cases in which his court had already taken action” according to a piece in the Wall Street Journal’s Law Blog. The article points out that it’s not clear what prompted the judge’s recusals, but the net effect is that, as one of the three opining on the Edwards/Medtronic case this meant the order had to be reappraised by the new gang of three.
Here’s where it gets still more complicated, because the replacement judge didn’t (unlike Judge Rader) vote for the stay. That would have turned the ruling upside down, except for the fact that the original dissenter, Judge Pauline Newman, has now changed her mind based on the existence of something of a deal between the companies that would allow Medtronic to sell some devices in cases that raised issues of patient safety.
Edwards must be left for now wondering what the heck is going on as it is said to be “seeking clarification” on the new instruction at the present time.
We’ll keep you posted.
Source: Wall Street Journal Law Blog here