Medinol Limited v. Abbott B.V., Abbott Vascular Devices B.V. and Abbott Logistics B.V., Court of Appeal The Hague, The Netherlands, 30 October 2012, Case/case list number : 329760 / HA ZA 09-418, with thanks to Simon Dack and Peter van Schijndel, Hoyng Monegier, for providing the judgment and a translation in English
The District Court of The Hague had ruled that the Medinol patent related to stents was not infringed by Abbott since the term 'meander pattern' in the claims had to be construed based on a definition in the description of a meander pattern as 'a periodic pattern about a center line'. This implied, according to the Court that the patterns had to be symmetrical. The attacked stents did not have this feature.
Also the Court of Appeal concludes that there is no infringement, but on different grounds. The Court of Appeal ruled that the Medinol patent was in fact limited to stents that showed longitudal shortening upon expansion. The patent resolved the shortening problem by providing a compensation mechanism between the first and the second meander patterns. The attacked stents were stents in which no shortening occurs upon expansion, so that no compensation is needed. Thus there was no infringement and the question regarding symmetry could be left undiscussed.
Costs of EUR 508,196.55 were awarded despite Medinol's objections. Abbott argued that the case is substantial and demanded a great deal of investigation, in part as a result of the way in which the case was presented; the Court of Appeal deems this plausible.
Read the decision (in Dutch) here.
Read the decision (in English) here.