Drug Eluting Stent Manufacturers Agree to Dismissal of Six-Year Patent Suit

October 8, 2015 –In a stipulation of dismissal filed October 7, Wyeth and Cordis ended a six-year dispute with Abbott over infringement of patents to drug-containing stent coatings.  The patents in suit, co-owned by plaintiffs Wyeth and Cordis, were U.S. Patent No. 7,591,844, entitled Medical Devices, Drug Coatings and Methods for Maintaining Drug Coatings Thereon, and U.S. Patent No. 6,746,773, entitled Coatings for Medical Devices.

The plaintiffs asserted the ‘844 patent against Abbott and Boston Scientific on the day the patent issued, alleging infringement by the Xience V stent, sold by Abbott, and the Promus stent, marketed by Boston Scientific under a license from Abbott.  After inter partes reexamination of the ‘844 patent was instituted by the defendants, the plaintiffs amended their complaint to include the ‘773 patent, which was also subsequently subject to inter partes reexamination.

The case had been stayed pending reexamination of the asserted patents since 2012.  The order granting the stay noted that the plaintiffs no longer competed with the defendants in the drug-eluting stent market and that because all claims of the asserted patents stood rejected in reexamination, it was likely that the reexamination proceedings would simplify the case.

According to the stipulated dismissal, the plaintiffs and Abbott agreed to dismiss all claims and counterclaims with prejudice, with each party to bear its own costs, expenses, and attorneys’ fees.  Boston Scientific is not specified as a party to the stipulation.

By: Sean C. McDonagh