Advanced Cardiovascular Systems (ACS), a subsidiary of Abbott Laboratories, had expected that the PTO’s interim extension of its key patent for rapid-exchange heart catheterization systems would let it continue to keep rival Medtronic, Inc., out of the market. But it was wrong. Just a week before the eight-year-old injunction was originally set to lapse, Judge Lowell Jensen of the U.S. district court in Oakland ruled in favor of Medtronic. Saying that the legal landscape had changed considerably with the U.S. Supreme Court’s eBay decision, the court ruled that ACS wouldn’t suffer any irreparable injury if the injunction ended on the patent’s original expiration date of October 29, 2008.
Rapid-exchange delivery systems allow a single doctorrather than a doctor and technician working in tandemto guide a single wire to the heart, making placement much easier than with previous systems. There is only one state-of-the-art product: ACS’s Xience. Boston Scientific Corp. licenses the technology for its rapid-exchange catheter from ACS.
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