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Judge blesses Abbott Xience stent patent rights

This article was originally published in The Gray Sheet

Executive Summary

Abbott Labs will be permitted to market future iterations of its Xience drug-eluting stent, over Israeli firm Medinol's objections, thanks to an Aug. 7 opinion handed down in the U.S. District Court, Southern District of New York, by Judge Shira Scheindlin. The decision enforces Abbott's interpretation of a February settlement agreement between the companies regarding use of Medinol's '381 patent. The settlement gives Abbott an unrestricted license to use the patent for the stent in question, as well as any related patents, despite Medinol's stance that future versions of the Abbott devices were not included. Abbott completed its Xience modular PMA filing with FDA June 1. Upon approval, it also will be marketed under the Promus label by Boston Scientific 1("The Gray Sheet" June 4, 2007, In Brief)...

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