OrbusNeich Medical Inc., a designer, developer, manufacturer and marketer of innovative medical devices for the treatment of vascular diseases, announced in a press release that it has filed a lawsuit against Boston Scientific Corporation (BSC).
The lawsuit, filed in the United States District Court for the Eastern District of Virginia, asserts claims against BSC for patent infringement, breach of contract and for misappropriation of trade secrets.
The suit seeks unspecified monetary damages and injunctive relief in connection with its claims.
Orbus is the owner by assignment of all right, title, and interest in US Patent No. 7,329,277 entitled “Stent Having Helical Elements” and US Patent No. 6,821,292 entitled “Crimpable Intraluminal Endoprosthesis Having Helical Elements.”
In its complaint Orbus alleges, among other things, that BSC has infringed these two Orbus patents relating to its proprietary luminal stent technology. Specifically the complaint alleges:
In July of 2000, the Company entered into a Confidential Disclosure Agreement (the CDA) with BSC in advance of discussions related to a potential business relationship;
In connection with these discussions, Orbus provided BSC with a variety of proprietary stent samples and design details, including improved designs present in Orbus’s patent application filed in December of 2000, which BSC tested, disassembled and destroyed;
Orbus filed provisional patents on certain elements of its design on December 11, 2000 and February 9, 2001. The final associated patents were lawfully issued on February 12, 2008 and November 23, 2004, respectively;
BSC filed a patent application with new stent design drawings that were not included in any of the provisional applications over which this new application claimed priority;
After BSC commercialized the Liberté stent, Orbus became aware of the theft of its designs by BSC; and
BSC has been manufacturing and selling its line of Liberté stent products without consideration to Orbus, the original designer of major aspects of the Liberté product architecture, itself.
SOURCE:AGIPNEWS
