A dispute over the manufacture, or "threatened" manufacture, of various heart valve systems at the Boston Scientific plant in Galway has come before the Commercial Court.
US-incorporated Edwards Lifesciences PVT Inc and Edwards Lifesciences SA (AG) have brought the proceedings against Boston Scientific Corporation and related companies.
It is claimed the two companies are respectively the owner and exclusive licensee of a European patent granted in April 2016 concerning a “system for replacing a deficient native heart valve”.
It is alleged the defendants’ Lotus transcatheter heart valve system and Lotus Edge Valve system, comprising a transcatheter aortic valve prostheses and catheter, infringe that patent.
It is alleged the defendants have infringed and continue to infringe the patent, or threaten to do so, by manufacture of the alleged infringing products at the defendants' premises at Ballybrit Business Park, Galway, and by offering, putting on the market, stocking or using the products at issue.
The plaintiffs have also taken proceedings in Germany concerning alleged infringement of the German designation of their patent.
On consent of the parties, the proceedings were admitted on Monday to the fast-track Commercial Court by Mr Justice Brian McGovern who made direction for exchange of legal documents and returned the matter to July next.
