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January 14, 2014

Ban on BSX catheter sales takes effect

Boston Scientific Headquarters in Natick

A ban on U.S. sales of the Guidezilla catheter made by Boston Scientific (BSX) went into effect yesterday after a federal appeals court ruled against BSX’s petition for an interim stay.

Minneapolis-based Vascular Solutions filed a patent infringement lawsuit in May against the Natick-based medical device manufacturer, alleging the Guidezilla mimics the designs, materials and dimensions of Vascular Solution’s flagship catheter product. A U.S. District Court judge in Minnesota granted Vascular’s injunction request Dec. 10.

BSX then petitioned a U.S. appellate court, asking for an interim stay and a stay on the injunction pending appeal. In a two-page order filed Thursday, the court denied BSX’s request for an interim stay, but ruled that the motion for a stay pending appeal “shall be considered in due course,” according to court records.

BSX launched the Guidezilla in the U.S. and Canada in July, despite the active lawsuit. The company didn’t immediately return a request for comment.

The suit by Vascular Solutions alleges that BSX violated three patents for its GuideLiner catheter. It also accused a former Vascular senior product manager of taking the same position with Boston Scientific, where he did marketing work in preparation for Guidezilla’s launch.     

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