WIESBADEN, Germany, May 21, 2013 /PRNewswire/ -- Medical device manufacturer OrbusNeich Medical Inc. and its subsidiary, OrbusNeich Medical GmbH (collectively "OrbusNeich") today announced that it has enforced the seizure of over 190 stent systems from Boston Scientific Corporation (NYSE: BSX) in connection with its patent infringement proceedings in the Dusseldorf Regional Court. The products were found on May 15, 2013, at the premises of Boston Scientific Medizintechnik GmbH in Ratingen ( Germany), the German subsidiary of Boston Scientific Corporation (collectively "Boston Scientific").
In violation of the Court's April 30, 2013 Preliminary Injunction, Boston Scientific initially denied access to search its premises – the court's decision grants OrbusNeich the right to seize stents in the possession of Boston Scientific that have been commercially distributed but not yet used. Boston Scientific claimed that none of the concerned stent systems were in its possession at the location in Ratingen. Only after the Police were called did Boston Scientific allow the bailiff to search the building and seize the products.
The April 30, 2013, ruling, which Boston Scientific has appealed, allows OrbusNeich to prevent Boston Scientific from marketing and selling the affected stent lines in Germany, which include the Small Vessel, Small Workhorse and Workhorse Stents of Boston Scientific's PROMUS Element ™, PROMUS Element Plus ™, OMEGA ™, TAXUS Element ™, SYNERGY ™ and Promus PREMIER ™ product lines. In this decision, the Regional Court found that the geometric pattern of these stents infringe OrbusNeich's patent EP 1 341 482.
On May 13, 2013, OrbusNeich obtained a second Preliminary Injunction against Boston Scientific following Boston Scientific's attempt to circumvent the first Injunction by transferring the German distribution of the affected products to Boston Scientific (UK) Ltd. and Boston Scientific Ltd. Boston Scientific may appeal this decision.In addition to the Preliminary Injunctions, OrbusNeich's principal patent infringement proceedings are also before the Dusseldorf Regional Court. In these proceedings, OrbusNeich is seeking damages, a permanent injunction and other relief for alleged infringement of the German parts of the EP 1 341 412 and '482 patents by the affected stent lines. A hearing in this main proceeding is scheduled for May 2014.
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