OrbusNeich has initiated a patent infringement lawsuit in Ireland against Boston Scientific and two of its Irish subsidiaries. The lawsuit accuses Boston Scientific of infringing two of OrbusNeich's European patents (EP 2 311 412 and EP 1 341 482) covering a number of its coronary stent systems, including the Promus Element, Promus Element Plus, Omega, Taxus, Synergy and Promus Premium lines of stents.
OrbusNeich is seeking damages for the infringement and an injunction prohibiting Boston Scientific from manufacturing, offering for sale, marketing or stocking products that infringe the patents in Ireland. OrbusNeich had earlier commenced patent infringement actions in Germany and the Netherlands on 20th February 2013 against Boston and its distribution affiliates.
On 11th February 2013, the company received a favourable ruling from the European Patent Office (EPO) in connection with the '482 patent. The EPO upheld the validity of claim one of the patent, as amended, over an opposition filed by Boston Scientific and Terumo Kabushiki Kaisha. The EPO found that claim one of the '482 patent met all requirements of the European Patent Convention, and that the stents covered by the claim were novel and inventive over the prior art.