Medtronic Files Patent Infringement Lawsuit Against Boston Scientific

Medtronic Inc. (Minneapolis) has filed a patent infringement lawsuit against Boston Scientific Corp. and SciMed Life Systems to enforce the Jervis nitinol patents it acquired from Raychem in 1996.

The suit, filed in U.S. District Court in the District of Minnesota, alleges that the Symphony and Radius stents manufactured and sold by Boston Scientific and SciMed Life Systems, respectively, infringe the Jervis patents. Medtronic is seeking damages and permanent injunctive relief.

The Jervis patents involve the use of a nickel-titanium metal alloy called nitinol. It is this alloy that is used in the Medtronic AneuRx Stent Graft System, enabling the stent to self-expand and conform to an individual's anatomy while providing relief from abdominal aortic aneurysms. The AneuRx Stent Graft System is currently available in Europe and is awaiting FDA approval following a successful FDA panel presentation in June. Medtronic and Medtronic AVE currently have three other patent infringement lawsuits pending against Boston Scientific and SciMed Life Systems in the United States. In August 1998, Medtronic AVE filed suit in U.S. District Court in Delaware, alleging that the Nir stent infringes the Boneau patents. In December of 1998, Medtronic AVE filed suit in U.S. District Court in Delaware, alleging that the Maxxum and Viva catheters infringe the Enger patents. And in May of 1999, Medtronic filed suit in U.S. District Court in Minnesota, alleging that the Nir stent infringes on the Wiktor patent.