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Editor: Marc Jay Bern
Profession: Defective Medical Device Lawyer

Category: Medtronic Lawsuit News

Medtronic's Endeavor drug-eluting stent, approved by the FDA less than a month ago, is the source of a lawsuit filed by both Johnson & Johnson and Wyeth.

Last month both companies filed a patent infringement suit in the U.S. District Court, for the District of New Jersey, alleging the zotarolimus-eluting stent infringes on the claims of three patents ('781, '146 and '728 patents) held by Wyeth and licensed to Johnson & Johnson.

These patents relate to the use of rapamycin, or sirolimus, and its analogues -- including zotarolimus. The '781 patent describes a method of treating restenosis in humans undergoing a percutaneous transluminal angioplasty procedure with an effective amount of rapamycin. The '146 and '728 patents both describe a method of preventing or treating hyperproliferative vascular disease by administering rapamycin.

Experts predict the lawsuit will not immediately threaten Medtronic's stent profits because the case will likely take years to work its way through the court system.

The companies have asked the court to enjoin Medtronic from selling the stent within the United States. While such requests are standard practice, approval is very unlikely.