Edwards Lifesciences LLC v Boston Scientific Scimed Inc [2018] EWHC 1256 (Pat) (24 May 2018)

Edwards Lifesciences LLC v Boston Scientific Scimed Inc [2018] EWHC 1256 (Pat) (24 May 2018)

The injunction against Edwards Lifesciences regarding the Sapien 3 valve is stayed for 12 months to allow for clinician retraining, with Edwards permitted to apply for an extension if necessary. An exception to the injunction is granted without time limit for patients for whom the Sapien 3 is the only suitable device, subject to clinician certification. Payments on account are set at 5% of net sales value of kits. These measures balance Boston's patent rights with the public interest in patient health and proportionality.

Citation
[2018] EWHC 1256 (Pat)
Parties
Claimant: Edwards Lifesciences LLC; Defendant: Boston Scientific Scimed Inc; Fourth Party: Edwards Lifesciences SA; Seventh Party: Edwards Lifesciences Limited; Eighth Party: Edwards Lifesciences (Singapore) Pte Limited
Jurisdiction
England and Wales
Judgment Date
24 May 2018
Procedural Posture
Patent Infringement and Revocation / Post Trial, Remitted Issue on Injunction Qualification and Stay
Outcome
Injunction stayed for 12 months; exception granted for certain patients; payments on account ordered; further directions reserved.
Legal Topics
Injunctions, Damages in Lieu of Injunction, Public Interest Exception, Account of Profits, Patent Infringement, Proportionality in Remedies
Intellectual Property Patent Law Injunctions Damages in Lieu of Injunction Public Interest Exception Account of Profits Patent Infringement Proportionality in Remedies

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Parties

Edwards Lifesciences LLC

Claimant

Boston Scientific Scimed Inc

Defendant

Edwards Lifesciences SA

Fourth Party

Edwards Lifesciences Limited

Seventh Party

Edwards Lifesciences (Singapore) Pte Limited

Eighth Party

Procedural Posture

Patent Infringement and Revocation / Post Trial, Remitted Issue on Injunction Qualification and Stay

Legal Issues

  1. 1 Whether and to what extent the injunction against Edwards Lifesciences regarding the Sapien 3 valve should be stayed or qualified in the public interest
  2. 2 Appropriate duration of stay and scope of exception to injunction
  3. 3 Appropriate interim financial remedy (payments on account)

Ratio Decidendi

The injunction against Edwards Lifesciences regarding the Sapien 3 valve is stayed for 12 months to allow for clinician retraining, with Edwards permitted to apply for an extension if necessary. An exception to the injunction is granted without time limit for patients for whom the Sapien 3 is the only suitable device, subject to clinician certification. Payments on account are set at 5% of net sales value of kits. These measures balance Boston's patent rights with the public interest in patient health and proportionality.

Court Disposition

Injunction stayed for 12 months; exception granted for certain patients; payments on account ordered; further directions reserved.

Orders

  • Stay of injunction for 12 months from judgment date, with liberty to apply for extension.
  • Permanent exception to injunction for patients for whom Sapien 3 is the only suitable device, subject to clinician certification.