Mirowski family awarded $309m in patent infringement case

A US court has ordered medical technology company Boston Scientific Corporation to pay $309 million to the family of the late physician Michel Mirowski in the latest chapter of their long running patent dispute.

The patent covering implantable cardioverter defibrillators (ICDs) was at the centre of a licensing deal in 1973 between Mirowksi Family Ventures and Guidant, a subsidiary of Boston Scientific.

A joint battle against Canada-based medical technology company St Jude Medical, claiming it infringed their patent, ended in a settlement of $140 million, which was later overturned as it was ruled that the patent was invalid for obviousness. However, an appeal by Boston Scientific and Mirowski Family Ventures at the Federal Circuit was successful at having the patent ruled valid.

Boston Scientific and St Jude agreed in 2006 to settle all lawsuits between them but Mirowski Family Ventures alleged it was kept out of the deal, costing it $570 million in royalties.

This week, judge William Quarles of the US District Court for the District of Maryland ruled in favour of Mirowski Family Ventures, agreeing that Boston Scientific had left it out of the settlement, that the patent was still valid and that it was owed fees from the deal.

Boston Scientific did not respond to LSIPR’s requests for comment, but according to Reuters, it plans to “overturn the judgement in post-trial motions with the Circuit Court and, if necessary, through the appeals process”.