District of Delaware Construes Claim Terms in Boston Scientific’s Endoscopic Clip Patents

December 28, 2016 — On December 22, 2016, the United States District Court for the District of Delaware construed claim terms in the four patents asserted by Plaintiffs Boston Scientific Corp. and Boston Scientific SciMed, Inc. against Defendants Cook Group Inc. and Cook Medical LLC.  The patents cover endoscopic clips for use inside the body.  The construed terms were “including” as in “a control element including a connector element,” “frangible link,” “an opening” of a capsule housing a clip assembly, “a sheath,” “coupled” to the sheath, a linkage that “contact[s]” the inner surfaces of the clip legs, and “engaging inner walls” of the clip arms.

The patents-at-issue are U.S. Patent No. 8,685,048, entitled, “Device and Method for Through the Scope Endoscopic Hemostatic Clipping,” U.S. Patent No. 8,709,027, entitled, “Device and Method for Through the Scope Endoscopic Hemostatic Clipping,” U.S. Patent No. 8,974,371, entitled, “Through the Scope Tension Member Release Clip,” and U.S. Patent No. 9,271,731, entitled, “Device and Method for Through the Scope Endoscopic Hemostatic Clipping.”  The case is captioned Boston Scientific Corp. v. Cook Group Inc., 1-15-cv-00980.

By: Chika Seidel