The lawsuits, filed in the U.S. District Court for Northern California, allege that Boston Scientific and St. Jude infringe a pair of patents covering the invention by UC-San Francisco professor Dr. Michael Lesh of a technique to isolate the pulmonary vein via catheter ablation.
Lesh was issued 2 patents in the U.S., according to the lawsuits, each covering a “Device And Method For Forming A Circumferential Block In A Pulmonary Vein.” Those patents are based on another Lesh patent of the same name, the lawsuits allege.
Both St. Jude and Boston Scientific cited the patents in their own patent applications over the years, the lawsuits claim. St. Jude cited 1 of the Lesh patents in more than 40 issued patents and cited 1 or both as prior art in at least 31 applications, according to the complaint against it. The company’s atrial fibrillation business brought in between $710 million and $1.1 billion from 2010 through 2016, the suit claims, with U.S. revenues ranging from $411 million to $600 million over the same span.
The suit against Boston alleges that it cited 1 Lesh patent in 49 applications and cited 1 or both in at least 68 patent proceedings. The company’s atrial fibrillation business put up sales of $147 million to $248 million from 2010 through 2016, according to that complaint.
The UC regents said they sent letters Feb. 1 to both St. Jude and Boston Scientific, receiving a response from St. Jude June 13 that allegedly “wrongfully asserted that it was not promoting any SJM devices for use in a manner that infringes the asserted patents,” according to court documents.
The lawsuits seek judgments of infringement, damages and enhanced damages, pre- and post-judgment interest and legal costs.
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