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13 June 2023AmericasMuireann Bolger

Boston Scientific secures nearly $160m in clips patents feud

Win marks latest leg of cross-Atlantic litigation feud over devices that stop internal bleeding | Medical device maker garnered success against rival in the US and Germany but failed to secure an injunction in one European country.

Boston Scientific has secured $158 million in damages following the success of its patent infringement lawsuit against  Cook Medical over devices used to halt internal bleeding during surgery.

The federal jury handed down the verdict this month at the  US District Court for the Southern District of Indiana.

When delivering its decision, the jury also found that the infringement was intentional, meaning that a judge now has the option to triple the award in the future

The dispute emerged in 2015 when Boston accused its rival of infringing US patent numbers 8,685,048, 8,709,027, and 8,974,371.

All of the asserted patents that are directed towards endoscopic hemostasis clips intended to, among other things, stop bleeding in the gastrointestinal tract during surgery.

Boston Scientific asserted seven claims across their three patents-in-suit against two of Cook's products: the Instinct and the Instinct Plus.

According to the complaint, Cook had infringed Boston Scientific's patents since at least 2013 by making, using, selling, or importing into the US the  Instinct Endoscopic Hemoclip.

In a motion filed in January this year, Cook argued that Boston Scientific lacked standing to sue in Indiana, arguing that this particular case should go before the US Court of Appeals for the Federal Circuit.

But the district court dismissed the motion, holding that Boston Scientific’s ‘exclusionary rights’ in the patents meant that it had sufficient standing to choose the state as a venue for the legal proceedings.

Boston Scientific has also secured victory in Germany in a dispute with Cook over a foreign counterpart of these patents. After obtaining an injunction, Boston Scientific enforced its patent at the Düsseldorf Regional Court in March this year.

In that case, the court ruled that Cook’s endoscopic hemostasis clips in Europe, also marketed under the brand ‘Instinct’, had infringed Boston Scientific’s European patent EP 30 23 061.

However,  it has not been all good news for Boston Scientific.

Last year, the  District Court of Amsterdam rejected the company’s application for a preliminary injunction to safeguard the same patent in the Netherlands against Cook’s Instinct brand.

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More on this story

Medtech
15 January 2019   Boston Scientific and US-based Edwards Lifesciences have agreed to settle all outstanding patent litigation between the two companies.
Big Pharma
2 February 2023   Delaware jury finds that the infringement was intentional | Verdict comes in a long-running dispute that touched upon state sovereignty.

More on this story

Big Pharma
2 February 2023   Delaware jury finds that the infringement was intentional | Verdict comes in a long-running dispute that touched upon state sovereignty.
Medtech
15 January 2019   Boston Scientific and US-based Edwards Lifesciences have agreed to settle all outstanding patent litigation between the two companies.

More on this story

Big Pharma
2 February 2023   Delaware jury finds that the infringement was intentional | Verdict comes in a long-running dispute that touched upon state sovereignty.
Medtech
15 January 2019   Boston Scientific and US-based Edwards Lifesciences have agreed to settle all outstanding patent litigation between the two companies.