A Medical Device Daily

NMT Medical (Boston) reported that, along with the Children's Medical Center Corporation (CMCC), it has filed a notice of appeal of an Aug. 29 decision by the U.S. District Court for the District of Minnesota.

The patent infringement lawsuit was originally filed in September 2004 against Cardia (Burnsville, Minnesota), alleging that Cardia's Intrasept device infringes upon CMCC's U.S. Patent No. 5,451,235 (the '235 Patent), which NMT licenses.

The recent district court order held that Cardia's device does not infringe the patent.

NMT said that the order has no effect on the validity and enforceability of the '235 Patent and that it stands by its allegations against Cardia and will pursue an appeal to overturn the ruling.

Cardia has not asserted any claims against NMT's products, and the district court's decision will have no impact on NMT's ability to sell its products.

NMT manufactures implant technologies that allow interventional cardiologists to treat cardiac sources of migraine headaches, stroke and other potential brain attacks through minimally invasive, catheter-based procedures.

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