Edwards Lifesciences escalates TAVR patent war with Boston Scientific

Edwards Lifesciences (NYSE:EW) last week escalated the patent war with Boston Scientific (NYSE:BSX) over transcatheter aortic valve replacements, asking a federal court in Delaware to declare a patent covering the Boston Scientific Lotus TAVR  invalid and claiming infringement of a separate patent of its own.

Boston Scientific sued Edwards in the U.S. District Court for Delaware, alleging that the next-generation Sapien 3 valve infringes a patent it acquired along with Sadra Medical for $450 million in 2010. The patent, for an “Everting Heart Valve, covers the Lotus valve.

“Edwards has directly infringed, and continues to directly infringe, at least claims 1, 2, and 3 of the ‘608 patent … by, for example and without limitation, making, using, offering to sell, selling, and/or importing in and into the United States certain transcatheter heart valve products, including the Sapien 3,” Boston Scientific alleged, according to court documents.

In a counter-claim filed June 9, Edwards denied that the Sapien 3 infringes the Boston Scientific patent and argued that it ought to be ruled invalid. Irvine, Calif.-based Edwards also claimed that the Lotus valve violates its patent for a “Prosthetic heart valve and method.”

“Upon information and belief, Boston and Sadra have infringed, and continue to infringe, at least claims 1–5, 8–14, and 16–17 of the ‘133 patent … by, for example and without limitation, making, using, offering to sell, selling, and/or importing in and into the United States the Lotus Valve System,” Edwards alleged, according to the documents.

The companies are also squaring off in Germany, with Boston alleging in a Dusseldorf court that the Sapien 3 transcatheter aortic valve replacement infringes on a European adaptive sealing technology patent.

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