March 2, 2017 – Defendant Edwards Lifesciences Corporation’s motion for leave to amend its pleadings was granted. The Court found the proposed amendment to add a prior use defense pursuant to § 273 was factually sufficient, that it would not cause undue delay, and that Plaintiff Boston Scientific had failed to show that it would be unduly prejudiced by the amended answer. The Court also granted Boston Scientific’s request for additional discovery in light of the newly asserted defense. The patents-at-issue in the case are U.S. Patent Nos. 7,510,575 (“Implantable prosthetic valve”), 8,992,608 (“Everting heart valve”), 9,168,133, and 9,339,383 (both entitled “Prosthetic heart valve and method”). The case is in the United States District Court for the District of Delaware, and is number 16-cv-00275.
By: Katherine E. Adams