Case Filed: Nov 17, 2009
Case Closed: May 29, 2014
Court: Delaware District Court
Judge: Gregory M. Sleet
Case Summary:
Irvine, California-based Edwards Lifesciences
filed a suit against Medtronic for infringing a U.S patent relating to a valve
prosthesis, which permits implantation without surgical intervention in the
body and by using a catheter technique. CoreValve and Vascular, wholly-owned
subsidiaries of Medtronic are the other named defendants in the suit.
Patent-in-Suit:
The patent at issue was: US7618446
entitled ‘Valve prosthesis for implantation in the body and a catheter for
implanting such valve prosthesis,’ duly issued by USPTO on Nov 17, 2009 and
expired[i]
on May 18, 2010. Edwards Lifesciences AG was the last assignee[ii]
of the ‘446 patent (source: MaxVal’s Assignment
Database.) The patent claims collapsible and expandable tissue value prosthesis
that replaces human heart valves using minimally-invasive catheterization
technique.
As in Complaint:
Medtronic, Medtronic CoreValve
and Medtronic Vascular infringe by manufacturing and commercializing heart valve
prostheses covered by the claims of the ‘446 patent including the ReValving
system. The accused product is allegedly sold in European countries and outside
US. Plaintiff claimed that the infringement was willful and deliberate and to
render this case to be exceptional and enjoin the defendants from infringing
their patent.
A second amended complaint was
filed, which specifically stated defendants commercialize “Medtronic CoreValve
Percutaneous System,” “CoreValve transcatheter aortic valve system,” and/or the
“ReValving” system. It also included two additional patents: US5411552 and US6582462,
reading the same as the ‘446 patent.
Settlement Agreement:
According to Medtronic’s press
release, under the terms of the cross-license settlement agreement, the parties
will dismiss all of the pending litigation matters. Medtronic will make Edwards
a one-time payment of $750 million and ongoing royalty payments through April
2022 based on a percentage of CoreValve sales, of no less than $40 million
annually.
The parties have also agreed that
neither party will sue the other for patent matters anywhere in the world for
eight years in the field of aortic and all other transcatheter heart valves. Neither
Medtronic nor Edwards have admitted that their products infringe any patents or
that any patents are invalid.
Accordingly, the court granted
voluntary dismissal of all claims and defenses between the parties with
prejudice. Each party will bear its attorney fees, costs and expenses.
See 1:09-cv-00873
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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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