English High Court issues mixed ruling in heart patent case

The English High Court handed down a split decision on patentability in a dispute between Edwards Lifesciences and Boston Scientific over patents covering transcatheter heart valves (THVs).

In a decision handed down on Friday, March 3, the court held that Boston’s European patent (UK) 2,749,254 was invalid on the ground that it lacked inventive step.

However, it upheld Boston’s other patent, European patent (UK) 2,926,766, and stated that it was valid and infringed by Edwards.

The case arose when Edwards sought revocation of Boston’s patents, claiming that both the ‘254 and ‘766 patents lacked novelty and inventive step.

Boston counterclaimed, arguing that Edwards’ product, Sapien THV, infringed its patents.

Judge Richard Hacon, sitting as a High Court judge, said in the decision: “The ‘254 patent is invalid on the ground that it lacks inventive step.”

However, he added that had the patent been valid, it would have been infringed.

Edwards said in a statement that it “will promptly request an appeal on specific aspects of the decision, and believes that the company will ultimately prevail”.