Court Denies Motion to Stay After IPR Invalidates Patent In Suit

April 24, 2018 – Boston Scientific Corporation and Boston Scientific Scimed, Inc. had filed a lawsuit against Edwards Lifesciences Corporation, Edwards Lifesciences Pvt, Inc., Edwards Lifesciences, LLC, and Sadra Medical, Inc. for infringement of its transcatheter heart valve technology and Defendants countersued for infringement of its own heart valve patents.

On April 20, the Court denied both Plaintiff’s and Defendant’s motion to stay after the PTAB invalidated all the asserted claims of Plaintiff’s ’608 patent in an inter partes review final decision. The Court denied the partial stay on the grounds that there were too many unknown variables that would prolong the litigation, namely, the possibility of the Federal Circuit reversing the PTAB decision and the pending Supreme Court case deciding the constitutionality of IPRs. The Court also held that the case had already progressed to a late enough stage that a stay would not “promote the interests of justice.”

The patents at issue are U.S. Patent Nos. 8,992,608 entitled “Everting Heart Valve,” 9,168,133 entitled “Prosthetic Heart Valve and Method,” 9,339,383 entitled “Prosthetic Heart Valve and Method,” and 7,510,575 entitled “Implantable Prosthetic Valve.” The case is captioned Boston Scientific Corporation et al v. Edwards Lifesciences Corporation, Case No. 1-16-cv-00275, and is pending in the District of Delaware.

By: Julian G. Pymento