Edwards Lifesciences LLC v Boston Scientific Scimed Inc, [2017] EWHC 405 (Pat); [2017] EWHC 755 (Pat)
This was a patent action about transcatheter heart valves i.e. artificial heart valves that can be implanted in patients without the need for surgery. It concerned two of Boston’s patents for “repositionable heart valves”.
Edwards applied to revoke the Boston patents for lack of novelty and inventive step in light of four pieces of prior art; insufficiency and added matter.
Boston counterclaimed that Edwards’ own transcathether heart valve – the “Sapien 3” – infringed both of the patents.
HHJ Hacon, sitting as a High Court Judge, held that one of Boston’s patents was invalid for lack of inventive step. However, he held that the other Boston patent was valid and that the Sapien 3 infringed. Having heard arguments on whether a final injunction should be refused on public health grounds, he ordered that there be a final injunction but that it be stayed pending appeal.
Piers Acland QC appeared for Edwards and Kathryn Pickard was junior counsel for Boston.