September 13, 2017 – United States District Judge Leonard P. Stark issued an Opinion on September 11 to transfer venue based on Defendants Cook Group Inc. and Cook Medical LLC’s TC Heartland motion to the United States District Court for the Southern District of Indiana in its ongoing lawsuit with plaintiffs Boston Scientific Corp. and Boston Scientific Scimed, Inc. Judge Stark found that the Cook defendants have no physical facilities or corporate offices in Delaware, are incorporated in Indiana and have their principle place of business in Indiana. Regarding Boston Scientific’s waiver argument, Judge Stark ruled that TC Heartland effected an intervening change in the law, creating an exception to the general rule of waiver and rejected plaintiffs’ argument that the Cook defendants waived their venue challenge by not raising it in a responsive pleading or motion. Judge Stark also denied Boston Scientific’s request for venue-related discovery. The patents-in-suit are U.S. Patent Nos. 8,685,048, 8,709,027, and 9,271,731, entitled “Device and Method for Through the Scope Endoscopic Hemostatic Clipping,” and U.S. Patent No. 8,974,371, entitled “Through the Scope Tension Member Release Clip.” The patents relate generally to hemostatic clips and methods for using such clips, to stop gastrointestinal bleeding. The case citation is: Boston Scientific Corp. et al. v. Cook Group Inc. et al., C.A. No. 15-980-LPS-CJP (D. Del. 2015).
By: Frederick C. Millett