Court Lifts MN Firm’s Injunction Against Boston Sci

The U.S. Court of Appeals removed a preliminary injunction that Vascular Solutions previously won against Boston Scientific.

Several months after Maple Grove-based Vascular Solutions, Inc., won a preliminary injunction against Boston Scientific amid ongoing patent infringement litigation, the company announced that the temporary injunction has now been lifted.

Vascular Solutions, one of Minnesota’s 65 largest public companies based on revenue, is a medical device company focused on “interventional vascular procedures.” Among its products are catheters used by vascular specialists.

In December, the U.S. District Court for the District of Minnesota granted Vascular Solutions its request for a preliminary injunction against Boston Scientific, which barred Boston Scientific from selling its “Guidezilla” guide extension catheter amid ongoing patent infringement litigation between the companies.

Vascular Solutions sued Boston Scientific last May for allegedly infringing on three of its patents related to its guided catheter products. At the time, Vascular Solutions’ CEO went as far as to call the Boston Scientific product “one of the most blatant plagiarisms of a patented medical device that I have ever encountered.”

Now, according to Vascular Solutions, the U.S. Court of Appeals for the Federal Circuit vacated the preliminary injunction, which the court described as a “drastic and extraordinary remedy that is not to be routinely granted” and that “at this stage of the case the record is too incomplete . . . to warrant the grant of a preliminary injunction.”

However, according to Vascular Solutions, the recent ruling does not affect the ongoing patent litigation between the two companies, which is scheduled to be ready for trial around March 2015.