Edwards Lifesciences LLC v Boston Scientific Scimed Inc

Edwards Lifesciences LLC v Boston Scientific Scimed Inc

The injunction restraining supply of the Sapien 3 valve is stayed for 12 months to allow retraining of clinicians, with Edwards permitted to apply for extension if needed. Exception to injunction for patients for whom Sapien 3 is the only suitable device is granted without time limit, subject to Boston's right to apply to terminate if alternative devices become available. Payments on account are set at 5% of net sales value. Provision of samples for the Ultra device is deferred pending product description and expert inspection.

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 Revocation and Infringement / Post Appeal, Remitted Issue on Injunction Qualification
Outcome
Injunction stayed for 12 months, qualified for patients with no alternative, financial remedy ordered, provision of samples deferred.
Legal Topics
Injunctions, Damages in Lieu of Injunction, Public Interest Exception, Account of Profits, Patent Infringement, Medical Devices
Intellectual Property Patent Law Injunctions Damages in Lieu of Injunction Public Interest Exception Account of Profits Patent Infringement Medical Devices

Case Brief

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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 Revocation and Infringement / Post Appeal, Remitted Issue on Injunction Qualification

Legal Issues

  1. 1 Whether and to what extent the injunction restraining supply of Sapien 3 valve should be stayed or qualified in the public interest
  2. 2 Appropriate financial remedy for continued supply of infringing device
  3. 3 Provision of samples for new device (Ultra)

Ratio Decidendi

The injunction restraining supply of the Sapien 3 valve is stayed for 12 months to allow retraining of clinicians, with Edwards permitted to apply for extension if needed. Exception to injunction for patients for whom Sapien 3 is the only suitable device is granted without time limit, subject to Boston's right to apply to terminate if alternative devices become available. Payments on account are set at 5% of net sales value. Provision of samples for the Ultra device is deferred pending product description and expert inspection.

Court Disposition

Injunction stayed for 12 months, qualified for patients with no alternative, financial remedy ordered, provision of samples deferred.

Orders

  • Stay of injunction restraining supply of Sapien 3 for 12 months
  • Edwards permitted to apply for extension of stay if retraining takes longer