Stay Pending IPR Issued in Ongoing Litigation Between Boston Scientific and Edwards Lifesciences

September 13, 2017 – In a September 8 Order, United States District Judge Cormac J. Carney granted Defendant Edwards Lifesciences Corp.’s motion to stay pending inter partes review proceedings in its ongoing battle with Boston Scientific Corp. and Boston Scientific Scimed, Inc. concerning Boston Scientific’s transcatheter aortic valve implantation devices.  Judge Carney ruled that because the PTAB has already instituted IPR on one of the patents-in-suit, the parties have only filed one dispositive motion, and the case is still in the discovery phase, a motion to stay is appropriate under the circumstances.  The patents-in-suit are U.S. Patent Nos. 8,709,062 and 6,203,558, entitled “Stent Delivery System Having Stent Securement Apparatus,” U.S. Patent Nos. 6,371,962 and 6,007,543, entitled “Stent Delivery System With Stent Securement Means,” U.S. Patent No. 7,749,234, entitled “Catheter Support for Stent Delivery,” U.S. Patent No. 7,828,767, entitled “Balloon Design and Weld Design to Increase Ease of Re-Wrapping and Decrease Withdrawal Force,” U.S. Patent No. 6,712,827, entitled “Stent Delivery System,” and U.S. Patent No. 6,915,560, entitled “Apparatus for Contracting, Loading or Crimping Self-Expanding and Balloon Expandable Stent Devices.”  The case citation is: Boston Scientific Corp. et al. v. Edwards Lifesciences Corp., Case No. 16-cv-00730-CJC (C.D. Cal. 2016).

Boston Sci Edwards Lifesciences Decision re Stay

By: Frederick C. Millett