This Day On The Street
Continue to site right-arrow
This account is pending registration confirmation. Please click on the link within the confirmation email previously sent you to complete registration.
Need a new registration confirmation email? Click here
Stocks Under $10 with 50-100% upside potential - 14 days FREE!

OrbusNeich Obtains Preliminary Injunction In Patent Infringement Proceedings In Germany Against Boston Scientific

Stocks in this article: BSX

WIESBADEN, Germany, April 30, 2013 /PRNewswire/ -- Medical device manufacturer OrbusNeich Medical Inc. and its subsidiary, OrbusNeich Medical GmbH (collectively, "OrbusNeich") today announced that it has obtained a preliminary injunction from the Dusseldorf Regional Court in patent infringement proceedings against Boston Scientific Corporation (NYSE: BSX) and its German distribution subsidiary (collectively, "Boston Scientific").

In late February, OrbusNeich filed suit in the German Court charging Boston Scientific with infringing two patents covering certain novel stent designs developed by OrbusNeich. The two patents (EP 1 341 482 and EP 2 311 412) cover Boston Scientific coronary stent systems marketed under the names "PROMUS Element™", "PROMUS Element Plus™", "OMEGA™", "TAXUS Element™", "SYNERGY™" and "Promus PREMIER™". 

In the preliminary injunction proceedings, the Court found that the stent design of Boston Scientific's Small Vessel, Small Workhorse and Workhorse stents of the affected product lines, those used in vessels of 4.0 mm or less in diameter, infringe the German part of the '482 Patent.  

The ruling allows OrbusNeich to prevent Boston Scientific from marketing and selling the affected stent lines in Germany. The decision, which Boston Scientific may appeal, also allows for the seizure of stents in the possession of Boston Scientific Medizintechnik GmbH in Germany that have been commercially distributed but not yet used. OrbusNeich is taking the steps necessary to enforce the preliminary injunction.

"We welcome the decision of the Dusseldorf Regional Court. It reinforces both the strength of our intellectual property rights and our efforts to defend these rights on a global basis. OrbusNeich will continue to take all necessary actions to protect the company from unlawful competitive practices," said Al Novak, Chairman and Chief Executive Officer of OrbusNeich. "Through these proceedings, we are seeking to safeguard these technologies for the benefit of our patients, physician customers, investors, and employees."

In addition to the preliminary injunction, before the Court is also OrbusNeich's principal patent infringement proceedings, filed at the same time. In these proceedings, OrbusNeich is seeking damages, a permanent injunction and other relief for alleged infringement of the German parts of the '482 and '412 patents by the affected stent lines. A hearing in this main proceeding is scheduled for early 2014.  

1 of 2

Select the service that is right for you!

Action Alerts PLUS
Try it NOW

Jim Cramer and Stephanie Link actively manage a real portfolio and reveal their money management tactics while giving advanced notice before every trade.

Product Features:
  • $2.5+ million portfolio
  • Large-cap and dividend focus
  • Intraday trade alerts from Cramer
  • Weekly roundups
TheStreet Quant Ratings
Try it NOW
Only $49.95/yr

Access the tool that DOMINATES the Russell 2000 and the S&P 500.

Product Features:
  • Buy, hold, or sell recommendations for over 4,300 stocks
  • Unlimited research reports on your favorite stocks
  • A custom stock screener
  • Upgrade/downgrade alerts
Stocks Under $10
Try it NOW

David Peltier, uncovers low dollar stocks with extraordinary upside potential that are flying under Wall Street's radar.

Product Features:
  • Model portfolio
  • Stocks trading below $10
  • Intraday trade alerts
  • Weekly roundups
Dividend Stock Advisor
Try it NOW

Jim Cramer's protege, David Peltier, identifies the best of breed dividend stocks that will pay a reliable AND significant income stream.

Product Features:
  • Diversified model portfolio of dividend stocks
  • Alerts when market news affect the portfolio
  • Bi-weekly updates with exact steps to take - BUY, HOLD, SELL
Real Money Pro
Try it NOW

All of Real Money, plus 15 more of Wall Street's sharpest minds delivering actionable trading ideas, a comprehensive look at the market, and fundamental and technical analysis.

Product Features:
  • Real Money + Doug Kass Plus 15 more Wall Street Pros
  • Intraday commentary & news
  • Ultra-actionable trading ideas
Options Profits
Try it NOW

Our options trading pros provide daily market commentary and over 100 monthly option trading ideas and strategies to help you become a well-seasoned trader.

Product Features:
  • 100+ monthly options trading ideas
  • Actionable options commentary & news
  • Real-time trading community
  • Options TV
To begin commenting right away, you can log in below using your Disqus, Facebook, Twitter, OpenID or Yahoo login credentials. Alternatively, you can post a comment as a "guest" just by entering an email address. Your use of the commenting tool is subject to multiple terms of service/use and privacy policies - see here for more details.
Submit an article to us!


DOW 17,815.07 +36.92 0.21%
S&P 500 2,069.64 +8.41 0.41%
NASDAQ 4,762.1210 +13.7250 0.29%

Brokerage Partners

Rates from

  • Mortgage
  • Credit Cards
  • Auto

Free Newsletters from TheStreet

My Subscriptions:

After the Bell

Before the Bell

Booyah! Newsletter

Midday Bell

TheStreet Top 10 Stories

Winners & Losers

Register for Newsletters
Top Rated Stocks Top Rated Funds Top Rated ETFs