Orbus International B.V. v. Boston Scientific Nederland B.V., Boston Scientific International B.V. and Boston Scientific Corporation, District Court The Hague, The Netherlands, 9 July 2013, Case No. C/09/437347 / KG ZA 13-179
Another stent-patent case. Orbus holds a patent for a balloon expandable stent, comprising a number of expandable helical segments and cylindrical elements. The claims of the patent specific the exact configuration of these segments and element, and inter alia that the adjacent cylindrical elements are connected by two connecting elements, which are placed in a specific pattern.
Boston Scientific argues that the patent is invalid for lack of inventive step. The court judges that the closest prior already discloses that only two connecting elements can be used. The skilled person will then understand that these two connecting elements can only be placed in two different patterns. It will be evident for the skilled person to choose the pattern which yields the best stent-to-vessel ratio, which is the pattern patented by Orbus. Therefore the court rules that there is a serious chance that the patent would be invalidated in proceedings on the merits, and refuses Orbus' claim for a preliminary injunction.
Read the decision (in Dutch) here.
Head note: Paul van Dongen