Abbott Laboratories v Evysio Medical Devices ULC [2008] EWHC 800 (Pat)

21 April 2008

The Defendant had three patents relating to coronary stents. The Claimant sought a declaration of non-infringement of these patents in relation to its own coronary stent. The Defendant counter-claimed for infringement. The Claimant challenged the validity of the patents claiming that the patents were obvious, insufficient, the claims were not entitled to priority and that the patents were invalid for added matter. After the trial heard in February 2008, the Judge held that two of the patents were invalid for obviousness and lack of priority but that they would have been infringed by the Claimant’s product and that the third patent was valid but not infringed. Richard Meade appeared as junior counsel for the Claimant and Andrew Lykiardopoulos appeared as junior counsel for the Defendant.