NL - Medinol Limited v. Abbott B.V.

Medinol Limited v. Abbott B.V., Abbott Vascular Devices Holland B.V. and Abbott Logistics B.V., infringement proceedings, District Court The Hague, 23 December 2009, Docket No. 329760 / HA ZA 09-418, with thanks to Simon Dack, De Brauw Blackstone Westbroek

Medinol is the holder of European Patent EP 1181902  for 'A flexible expandable stent', which was upheld by the Opposition Division after Medinol filed an auxiliary request. Abbott is the manufacturer of 'Vision' and 'Xience' stents, which are offered and sold by Abbott in many countries, amongst which The Netherlands. Medinol commenced accelerated patent infringement proceedings before the District Court in The Hague.

The District Court finds that Abott does not infringe Medinol's patent. For instance, claim 1 of the patent requires two meander patterns of which the second meander pattern extends in a direction different from the direction of the first meander pattern. According to the District Court the second meander pattern of Abbott’s stents is substantially part of the first meander pattern and thus extends in the same direction. The court also points out other differences between Abbotts’ stents and the requirements of claim 1 and therefore comes to the conclusion that Abbott does not infringe Medinol’s patent literary.

Medinol argues that by applying the doctrine of equivalency Abbott does infringe upon claim 1 of its patent. However, this is disregarded by the District Court as it is insufficiently substantiated.

Read the judgment (in Dutch) here.