Patents Court refuses interim injunction to restrain implantation of medical devices in ten patients (Evalve v Edwards Lifesciences)

Article summary

IP analysis: The Patents Court refused the claimants’ (Abbott’s) application for an interim injunction to restrain the defendant (Edwards) from marketing PASCAL in the UK until judgment or further order. During the interim injunction hearing Edwards submitted that it was prepared to offer an undertaking until judgment or further order, only to arrange for the implantation of PASCAL devices in ten patients in two hospitals in the UK. The judge concluded that this very limited activity would not cause Abbott irreparable harm pending trial and that damages would be an adequate remedy. PASCAL is a medical device for treating mitral regurgitation, a condition in which the mitral heart valve ceases to function properly. PASCAL is implanted in the mitral valve via a catheter, by a procedure known as transcatheter mitral valve repair (TMVr).