FDAnews Device Daily Bulletin

COURT REJECTS APPEAL BY BOSTON SCIENTIFIC AND ARCH IN PATENT CASE DISPUTE WITH CARDIUM

May 12, 2006
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The U.S. Court of Appeals for the Federal Circuit sided with Cardium Therapeutics in the firm's patent dispute with Arch Development and its licensee, Boston Scientific, Cardium reported.

The court rejected the appeal brought by Arch and Boston Scientific regarding a series of patents and patent applications for angiogenic therapies to treat coronary heart disease.

Arch and Boston Scientific had pursued patent claims in the U.S. and Europe similar to those licensed to Cardium. Earlier this year, the Technical Board of Appeal of the European Patent Office dismissed the firms' appeal and revoked their related European patent grant. In the U.S., the firms used patent applications by Cardium's researchers that had not yet been issued to "copy" claims from three patents licensed to Cardium.

The U.S. Board of Patent Appeals and Interferences entered a final judgment against Arch and Boston Scientific, who appealed to the U.S. Court of Appeals for the Federal Circuit. Briefing and oral arguments were held on May 4, and the court issued a unanimous decision affirming the prior BPAI ruling in favor of Cardium.