In a short 2-1 decision, the U.S. Court of Appeals for the Federal Circuit rules that Medtronic (MDT) may continue selling the CoreValve System until it makes its final decision sometime this summer. The Court did not explain the basis for its ruling but Medtronic argued that implementing the injunction would put patients' lives at risk.
The company's patent dispute with Edwards Lifesciences (EW) has clinicians scrambling for alternatives because Medtronic offers its device in a larger number of sizes and is appropriate for those patients who do not have the correct anatomy for the Edwards product.
Edwards '552 patent expired in May 2012 but the USPTO has issued three one-year extensions. A final extension has yet to be issued.
Medtronic believes the patent rights are limited.