A Medical Device Daily
Wall Cardiovascular Technologies (Marshall, Texas) has filed a complaint alleging infringement of a coronary stent technology patent by Boston Scientific (Natick, Massachusetts) and Johnson & Johnson (J&J; New Brunswick, New Jersey) in the Marshall Division of the Eastern District of Texas.
According to the complaint, on Dec. 13, 2005, U.S. Patent No. 6,974,475 was issued to W. Henry Wall, MD, founder of Wall Cardiovascular, for an invention titled Angioplasty Stent. The complaint says that all rights to the ‘475 Patent were assigned to Wall Cardiovascular on Nov. 2, 2007.
Wall claims that some of Boston Scientific’s products are based on technology covered by the patent issued to Wall and that in 1984 he conceived of the technology covered in the ‘475 Patent, as well as several additional patents on related technology and medical devices.
The complaint states that Boston Scientific’s Taxus drug-eluting stent (DES) “and other products and services related to coronary, carotid and peripheral stents” are infringing the patent and that the company is “contributing to and inducement of others to manufacture, use, sell, import, and/or offer for sale of infringing products.”
The lawsuit alleges also that J&J has also infringed the ‘475 Patent through its Cypher DES product – made by Cordis (Miami Lakes, Florida), a unit of J&J — and other products and services related to coronary, carotid and peripheral stents.
The complaint says that Boston Scientific in September of 2005 “attempted to license from Dr. Wall the patent application that subsequently issued as the ‘475 Patent.” But when the parties could reach no agreement, the company then proceeded to develop and market its infringing products, according to the allegations.
“As early as 1988, Dr. Wall contacted J&J and Cordis to inform them of his recently filed patent application related to stent technology,” the suit says. “Dr. Wall was seeking a partner with whom to jointly commercialize his invention.”
Wall claims to have had periodic contact with both J&J and Cordis regarding his pending application, and within weeks of the issuance of the ‘475 Patent, Wall’s patent attorney contacted J&J. By that time, J&J had acquired Cordis.
The court documents state that J&J agreed to meet with Wall to discuss the possibility of partnering to jointly commercialize the patented technology or to take a license under the ‘475 Patent.
“Ultimately, J&J decided to forego a license under the ‘475 Patent,” the suit claims. Wall is an Air Force veteran and according to the lawsuit is “one of the early pioneers of stent technology.”
An oral surgeon, he was assistant clinical professor at the Emory University School of Dentistry (Atlanta) in the early 1980s.
“Dr. Wall’s interest in angioplasty and stent technology was piqued when the first angioplasty in the United States was performed at Emory Hospital during Dr. Wall’s tenure there,” the suit says. “Upon reading of the breakthroughs in angioplasty that were taking place at Emory Hospital, Dr. Wall began to develop methods and devices for preventing the restenosis of vessels following angioplasty.”
Wall is seeking enhanced damages, claiming that the infringement has been willful.
Wall is represented by lead attorney Stephen Susman of the firm of Susman Godfrey (Houston).