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Abbott gains RX catheter patent extension

This article was originally published in The Gray Sheet

Executive Summary

U.S. Patent and Trademark Office grants Abbott a one-year interim extension Oct. 14 for its coveted rapid-exchange catheter patent, set to expire Oct. 29. Abbott had filed for a nearly three-year extension on July 25 for the patent, which was originally granted to Dr. Paul Yock in 1995 (1"The Gray Sheet" Sept. 1, 2008, p. 3). Competitors AngioScore and Medtronic oppose the extension. PTO believes the patent qualifies for full extension, but FDA has not yet completed its portion of the patent extension review. Abbott's attorneys met with PTO on Sept. 3 to discuss products that utilize the Yock patent; prior litigation involving the patent, including a Medtronic lawsuit and motion to lift an injunction barring Medtronic from using RX catheters; and an Aug. 19 citizen's petition filed by AngioScore opposing the extension. The physician-preferred RX catheter delivery system is particularly important to Medtronic's stent business, the firm says

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