Angiotech to appeal loss of UK patent

Angiotech Pharmaceutical is to appeal against the loss of a UK paclitaxel stent patent, produced by Boston Scientific.

The High Court ruled that the European patent, 0,706,376, was invalidated by evidence of prior articles produced by Conor MedSystems filed in February 2005, and a failure by Angiotech to show invention on Boston Scientific’s TAXUS drug-eluting stent.

Stents are used in heart disease patients to strengthen coronary arteries and other areas of the body. Drug-eluting stents, such as Boston Scientific’s paxlitaxel version, are coated in a drug which can prevent reblocking.

Angiotech said that other European patents on the coating had been upheld by the European Patent Office, and that the decision only affected a specific UK-only version of the same patent.

“This UK decision is contrary to the thorough consideration of the European Patent Office, which after extensive Opposition proceedings, upheld the validity of Angiotech’s European counterpart of this UK Patent,” said Angiotech president and CEO William L. Hunter.

“We are committed to protecting our intellectual property rights and intend to appeal the UK trial court’s judgment,” he added.

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