Monday, March 24, 2014

Boston Scientific, Kardiametrics End Dispute over Emboli Treatment Methods

Case Filed: Sep 20, 2013

Case Closed: Mar 18, 2014

Court: Delaware District Court

Judge: Leonard P. Stark

Case Summary:
Delaware-based Kardiametrics sued Boston Scientific, a manufacturer and marketer of medical devices alleging infringement of its patents for blood clot protection. The patents-in-suit were: US6544276 and US6986778, both entitled ‘Exchange method for emboli containment’, and issued on Apr 08, 2003 and Jan 17, 2006, respectively. The patents are set to expire[i] by May 20, 2016. Percusurge and Kardiametrics are the current assignee[ii] of the patents (source: MaxVal’s Assignment Database). According to complaint, Kardiametrics acquired the patents in question by Apr 2013. The claims of the ‘778 and ‘276 patents relate to a method for exchanging catheters during emboli containment in blood vessels.

The complaint alleged that the defendant infringed the ‘276 and ‘778 patents by the sale of medical devices including FilterWire EZ™ Embolic Protection System; Sterling® SL Balloon Dilatation Catheter; Sterling™ Monorail® Balloon Dilatation Catheter; NexStent® Carotid Stent System; NexStent® Carotid Stent; NexStent® Carotid Stent and Delivery System; NexStent® Carotid Stent and Monorail® Delivery System; and Carotid WALLSTENT® Monorail® Endoprothesis, which incorporate or use subject matter claimed in the ‘276 and ‘778 patents.

The complaint further added that the infringement was willful and deliberate, without license and with full knowledge of the patents-in-suit, thereby requesting the Court to make this an exceptional case entitling Kardiametrics to attorneys' fees and enhanced damages.
In Jan 2014, Boston Scientific filed a motion to dismiss the case or in the alternative to stay the case pending an arbitration. To the motion filed, Kardiametrics acknowledged that this action should be dismissed indicating that it will seek dismissal of the complaint.  Later, Kardiametrics filed a notice of stipulation following which the Court granted dismissal without prejudice.

Kardiametrics sued a number of medical device companies, including Covidien, Abbott and others alleging infringement of the same patents.

See 6:14-cv-00206 for more details. To get alerts on cases filed/closed, subscribe to our Litigation Alerts.

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[i] Expected expiration date. Patent Term Estimator is a free web-based tool that automatically calculates patent terms and expiration dates for U.S. utility patents.
[ii] MaxVal offers Patent Assignment Alert service where subscribers receive email alerts when assignments relating to target applications, patents or entities of interest are recorded.

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