OrbusNeich ups the ante in Boston Scientific patent suit

OrbusNeich claims Boston Scientific violated its patents with the Promus Element stent.--Courtesy of Boston Scientific

OrbusNeich is expanding the scope of its patent infringement litigation against Boston Scientific ($BSX), filing a lawsuit in Ireland claiming the Massachusetts devicemaker has violated two of its stent patents.

The Irish suit follows filings in Germany and the Netherlands, claiming many of Boston Scientific's stents--including the top-selling Promus Element and newly released Promus Premier--infringe on OrbusNeich's intellectual property.

Last month, the European Patent Office handed OrbusNeich a favorable ruling over one of the patents in question, the company said, despite oppositions filed by Boston Scientific and commercialization partner Terumo. Now OrbusNeich is seeking damages and an injunction barring Boston Scientific from manufacturing and selling similar technology.

"The lawsuit in Ireland is a continuation of our efforts to protect and enforce our intellectual property rights," OrbusNeich CEO Al Novak said in a statement. "We intend to vigorously pursue these efforts to prevent unlawful competitive practices and protect our unique technologies throughout the world."

Neither company responded to requests for comment Friday, but if OrbusNeich succeeds and expands its litigation all over the EU, Boston Scientific could be facing a hefty settlement agreement or a big dent in its international stent sales.

- read OrbusNeich's release

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