Medtronic Inc. (MDT:US) must try again to prove that it didn’t infringe two patents controlled by Boston Scientific Corp. over implantable defibrillators, a U.S. appeals court said today.
U.S. District Judge Sue Robinson in Wilmington, Delaware, erred in her analysis of the patents owned by Mirowski Family Ventures and licensed to Boston Scientific, the U.S. Court of Appeals for the Federal Circuit said in an opinion posted on its website. The judge also improperly placed the burden on Mirowski to prove infringement when it was Medtronic that filed the suit, the appeals court said.
Medtronic has a license to the two patents, and sued in 2007 seeking a ruling that would clear it of having to pay royalties on them, said Christopher Garland, a spokesman for Minneapolis-based Medtronic. The patents have since expired, he said.
Robinson had upheld the validity of the patents and said there was no infringement. The Federal Circuit vacated both of those findings and remanded the case for further procedures.
“We are reviewing the decision and considering possible further appellate review before returning to the trial court for a new trial,” Garland said.
The case is Medtronic Inc. v. Boston Scientific Corp. (BSX:US), 11-1313, U.S. Court of Appeals for the Federal Circuit (Washington). The lower court case is Medtronic Inc. v. Boston Scientific Corp., 07cv823, U.S. District Court for the District of Delaware (Wilmington).
To contact the reporter on this story: Susan Decker in Washington at firstname.lastname@example.org
To contact the editor responsible for this story: Bernard Kohn at email@example.com