Abbott v. Medtronic
This article was originally published in The Gray Sheet
Executive Summary
Advanced Cardiovascular Solutions, a subsidiary of Abbott Laboratories formerly owned by Guidant, did not commit "inequitable conduct" to obtain stent technology that is also incorporated into Medtronic's S7 and Driver coronary stents, a U.S. District Court in Delaware rules April 24. The ruling completes the liability phase of a patent case originally brought by Guidant against Medtronic Vascular, although Medtronic says it will appeal (1"The Gray Sheet" March 21, 2005, p. 24). Medtronic also says that the decision does not impact the ongoing United States Patent and Trademark Office proceedings on the same patent. The USPTO is reexamining whether Guidant's so-called "Lau patents" are valid in light of Medtronic's claims of "prior art"...