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BOSTON SCIENTIFIC IS SUED FOR PATENT INFRINGEMENT & THEFT OF TRADE SECRETS ON VASCULAR STENT GRAFT

 

Date: 09/08/05

Shaun Samuels, M.D., an interventional radiologist from Miami, has filed a Complaint for patent infringement, trade secret misappropriation and unfair competition against the Boston Scientific Corporation in United States District Court in Marshall, Texas.

The Complaint alleges that the Boston Scientific/TriVascular Enovus™ AAA stent endograft product infringes Samuels’ U.S. Patent No. 6,007,575, entitled “Inflatable Intraluminal Stent And Method For Affixing Same Within The Human Body,” and was derived from Samuels’ trade secret technology.

An endograft is a medical device used to repair abdominal aortic aneurysms (AAA), an abnormal weakening and ballooning of the wall of the main artery of the body. A ruptured AAA usually proves fatal. The device is introduced through an artery in the leg, enabling much safer repair than open surgery and reduced medical costs. The Stanford Group in Houston estimated that the market for AAA endografts could grow to $2.8 billion by 2010.

A former bioengineer, Dr. Samuels was a Clinical Assistant Professor at Stanford University and was Chief of Interventional Radiology at the Palo Alto VA Hospital, and is now a practicing interventional radiologist at a leading endovascular institute in Miami. The patent on Dr. Samuels’ first invention was issued in 1995. He currently holds ten medical device patents – six of which are based on inflatable cuff technology – a low profile design that allows for minimally invasive entry and placement in the vascular system. Two of Dr. Samuels’ inflatable cuff patents are directly related to AAA stent graft designs.

Dr. Samuels’ Complaint further alleges that a key consultant and advisor of Boston Scientific/TriVascular was involved in the misappropriation of proprietary information relating to plans for developing Samuels’ endovascular technology.

Dr. Samuels is represented in the action by John Sweeney and Harry Marcus of Morgan & Finnegan, LLP in New York, an intellectual property law firm; Mikal Watts and Martin Siegel of the Watts Law Firm, LLP in Houston; and Carl Roth and Michael Smith of The Roth Law Firm in Marshall, Texas.

Related Attorneys: John F. Sweeney, Harry C. Marcus
   

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