Medtronic, Inc. has announced that a German court has ordered the discontinuation, in its entirety, of a prior court ruling that prohibited the company from commercially marketing or selling the CoreValve® System in Germany since August 26, 2013.
Not so very long ago we were reporting the news that Medtronic was being restrained from selling its CoreValve Transcatheter aortic valve in Germany. A court had issued an injunction against the company that came into effect in August, all based on competitor Edwards Lifesciences claim that CoreValve infringed its increasingly famous “Spenser Patent”.
As we reported at the time, Medtronic said it would appeal the ruling, but was nonetheless virtually excluded from the German market in the interim.
Three months on, due process has seen the appeal take place and the original decision reversed. The Higher Regional Court in Karlsruhe explained that, due to the European Patent Office (EPO) preliminary opinion that the Edwards’ EP2055266 Spenser patent claims are not valid, it could not assume “with sufficient likelihood” that the Spenser patent is valid. Lovely wording that.
Medtronic says it will now post the €5 million bond required by the Order as soon as possible and then resume sales in Germany.
“Medtronic is very pleased with this decision as it will ensure that patients in Germany who need aortic valve replacement will have access to this life-saving therapy,” said John Liddicoat, M.D., senior vice president, Medtronic, and president of the Medtronic Structural Heart Business. “As a result of the ruling, Medtronic will resume distribution of the CoreValve System in Germany.”
Source: Medtronic, Inc.