TAVI Patent Case: Medtronic Disagrees With Court Ruling Against CoreValve®

So the two biggest players in the TAVI game are slugging it out over intellectual property in what promises to be a do or die moment for Medtronic’s CoreValve implant.

In short

Medtronic issued its own press release yesterday (13th November) following a court ruling that upheld an earlier jury verdict in favour of Edwards Lifesciences. Medtronic’s CoreValve® was determined by the court to have violated Edwards’ patent.

Background

The Federal Circuit Court of Appeals has affirmed the April 2010 jury verdict from the Federal District Court of Delaware that the CoreValve® System infringed a single Andersen patent held by Edwards Lifesciences.

So what next for Medtronic, who’s CoreValve device is undoubtedly threatened by the new ruling?After all, Edwards now has the right to seek an injunction to stop any rival from producing or selling products that violate its patent. For now Medtronic isn’t backing down. In a statement, the company said that while it “respects the court’s ruling, we respectfully disagree with this conclusion and we are evaluating next steps.”

Indeed the company is keen to make sure it’s business as usual, continuing to sell the device internationally and pursue critical clinical studies. Its statement reads that “These legal actions have no impact on the Medtronic CoreValve U.S. Pivotal Trial, the Medtronic CoreValve SURTAVI Trial, or any other clinical studies evaluating the CoreValve System.”

To rub salt into the wounds, Edwards has also applied for a patent extension, which, while it would involve a review by two government agencies, and could take up to 5 years, would be a further hammer blow to Medtronic if granted.
Source: Medtronic Inc.,

 

published: November 14, 2012 in: Cardio, Medtronic, News

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