Boston Scientific wins German IP lawsuit against California competitor

Courtesy | Boston Scientific Boston Scientific's headquarters are located in Marlborough.

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By Zachary Comeau

A German court has ruled a major competitor to Boston Scientific has infringed on a patent held by the Marlborough company's subsidiary, and Boston Scientific now has the right to ban that infringing device from the German market.

The District Court of Dusseldorf said California-based Edwards Lifesciences' Sapien 3 Ultra heart valve device infringes on Symetis SA’s patents, specifically fabric used on the valve seal included in the German part of the European patent

Boston Scientific acquired Symetis for $435 million in March 2017.

"We are pleased with the steady cadence of European court rulings which uphold and validate our TAVR intellectual property against competitive encroachment," said Desiree Ralls-Morrison, Boston Scientific’s senior vice president, general counsel and corporate secretary, in a press release. "Defending our patents is a core necessity which allows us to continue to innovate and offer differentiated technologies to hospitals, physicians and their patients."

The same court in 2017 found Edwards was infringing on the same patents. Tuesday’s ruling gives Boston Scientific the opportunity to ban Edwards’ Sapien 3 Ultra from the market, but only if Boston Scientific provides a bond of about $11.5 million.

Further, Edwards’ device is not yet on the market, as it is the subject of a clinical study for European approval.

“Edwards will promptly appeal and believes it will ultimately prevail,” the company said in a press release.