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.
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