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Edwards Lifesciences (EW) commented a federal jury's decisions in patent litigation between Edwards and Boston Scientific (BSX): "The jury awarded $35M in damages to Boston Scientific for infringement of U.S. patent number 8,992,608 (the '608 patent) for a transcatheter heart valve sealing skirt. Edwards does not expect to pay the jury award since, earlier this year, the U.S. Patent and Trademark office determined that all asserted claims of the '608 patent were invalid. The jury found that Edwards' foundational U.S. Spenser Patents for transcatheter heart valves are valid, but not infringed by the Lotus devices. Edwards plans to appeal. Boston Scientific initiated litigation that now involves multiple patents in multiple venues, and will likely yield court actions over an extended period of time."

Boston Scientific (BSX) announced that a jury in the United States District Court for the District of Delaware determined that the Boston Scientific U.S. patent 8,992,608 is valid and that Edwards Lifesciences' (EW) Sapien 3(TM) Aortic Valve infringes this patent and that Edwards owes Boston Scientific infringement damages through the end of 2016. Additional damages and interest incurred from 2017-2018 will be determined by the court in post-trial motions.The jury also found that the Boston Scientific LOTUS Aortic Valve System does not infringe Edwards' Spenser patents U.S. 7,510,575, U.S. 9,168,133, or U.S. 9,339,383. "We continue to be encouraged by the sustained record of positive legal rulings, first in European courts and now in the U.S., which upholds our company's intellectual property," said Desiree Ralls-Morrison, senior vice president, general counsel and corporate secretary, Boston Scientific.