Mirowski Family Ventures Files Lawsuit Against Boston Scientific
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September 20, 2013
Last week, Mirowski Family Ventures, LLC filed a lawsuit against Boston Scientific Corp. and its wholly-owned subsidiaries Cardiac Pacemakers, Inc., Guidant LLC, and Guidant Sales LLC. According to the complaint, the defendants breached exclusive license agreements to patents relating to implantable cardioverter defibrillators and cardiac resynchronization therapy. The complaint also asserts claims for breach of the implied covenant of good faith and fair dealing, unjust enrichment, constructive fraud, disgorgement of profits, and negligence.
The NIH describes an implantable cardioverter defibrillator as an implantable device, similar to a pacemaker, that “uses electrical pulses or shocks to help control life-threatening arrhythmias, especially those than can cause sudden cardiac arrest.”
The patents identified in the complaint include U.S. Patent Nos. 4,316,472, 4,407,288, RE38,119, and RE39,897. Figure 1 from the ‘119 patent is shown below:
The lawsuit seeks over $570 million in damages for the defendants’ actions. The lawsuit was initially filed on September 10, 2013 in the Circuit Court For Montgomery County, and was subsequently removed by the defendants to the U.S. District Court for the District of Maryland.
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