Medtronic Inc. must try again to prove it didn't infringe two patents controlled by Boston Scientific Corp. over implantable defibrillators, a U.S. appeals court said Tuesday.
U.S. District Judge Sue Robinson in Wilmington, Del., erred in her analysis of the patents owned by Mirowski Family Ventures and licensed to Boston Scientific, the U.S. Court of Appeals for the Federal Circuit said in an opinion posted on its website. The judge also improperly placed the burden on Mirowski to prove infringement when it was Medtronic that filed the suit, the appeals court said.
Medtronic has a license to the two patents, and sued in 2007 seeking a ruling that would clear it of having to pay royalties on them, said Christopher Garland, a spokesman for Fridley-based Medtronic. The patents have since expired, he said.
Robinson had upheld the validity of the patents and said there was no infringement. The appeals court vacated both of those findings and remanded the case for further procedures.
"We are reviewing the decision and considering possible further appellate review before returning to the trial court for a new trial," Garland said.