Boston Scientific’s Heart Valve Patent Claims Found Unpatentable in IPR

March 28, 2018 — On March 23, 2018, the Patent Trial and Appeal Board (PTAB) found unpatentable claims 1-4 of Boston Scientific Scimed, Inc.’s U.S. Patent No. 8,992,608 (the ’608 Patent) as a result of inter partes review (IPR).   The final written decision authored by Administrative Patent Judge Tartal concluded that the Petitioners  demonstrated by a preponderance of the evidence that claims 1-4 would have been obvious, as several combinations of prior art references teach each of the claim limitations, including the disputed limitations “flaps” and “pockets.”

The petition for IPR of claims 1-4 of the ’608 Patent had been filed by Edwards Lifesciences Corporation, Edwards Lifesciences LLC, and Edwards Lifesciences AG.

The ’608 Patent is entitled “Everting Heart Valve.”  The IPR proceeding is captioned: Edwards Lifesciences Corp. v. Boston Scientific Scimed, Inc., No. IPR2017-00060.

By: Chika Seidel