Conor Medsystems wins U.K. patent suit, Angiotech plans an appeal

By Elaine Rigoli

Tampa, Fla., Feb. 24 - The High Court of Justice in the United Kingdom handed down its decision Friday in Conor Medsystem, Inc.'s patent lawsuit against Angiotech Pharmaceuticals, Inc., ruling to invalidate Angiotech's European Patent No. 0,706,376.

Angiotech intends to appeal the U.K. trial court's decision, according to a company news release.

The judge ruled that Angiotech's patent is invalid for obviousness over three separate prior art references. The patent is exclusively licensed to Boston Scientific Corp. for use in the field of coronary stents.

The U.K. decision affects only the U.K. version of the maintained European patent for paclitaxel-coated stents, the release said.

The Angiotech European patent remains valid and enforceable in the other designated states in Europe. A January 2005 decision by the European Patent Office maintained the validity of the patent, including claims related to stents coated with paclitaxel and a polymeric carrier, the release said.

"This U.K. 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 U.K. patent. We are committed to protecting our intellectual property rights and intend to appeal the U.K. trial court's judgment," said Angiotech president and chief executive officer William L. Hunter in a company statement.

Conor develops controlled vascular drug delivery technologies and has initially focused on the development of drug-eluting stents to treat coronary artery disease. The company is based in Menlo Park, Calif.

Vancouver, B.C.-based Angiotech is a specialty pharmaceutical company that combines pharmaceutical compounds with medical devices and biomaterials.

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