Court allows CoreValve sales to continue

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.

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Comments (2)
  • Daniel B. Ravicher
    , contributor
    Comments (321) | Send Message
    Edwards has also agreed that, even under the injunction, any doctor who wants to use Medtronic's CoreValve can do so. They just have to sign a simple form: With the stay and this exception, the injunction, even if reinstated by the Court of Appeals later this year, may likely be meaningless.
    22 Apr 2014, 07:56 AM Reply Like
  • donzoamania
    , contributor
    Comments (874) | Send Message
    This issue is ridiculous. Medtronic clearly stole ew's tech and all the courts have ruled. Let every patient that MUST use Corevalve get one and MDT can simply send all profit to Edwards.
    Better yet why doesn't MDT just buy EW. I'll take $165 for my shares today and all is forgiven!!!
    22 Apr 2014, 07:34 PM Reply Like
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