The Flagstaff, AZ-based medical-products division of W.L. Gore & Associates Inc. said it has been sued by Boston, MA-based NMT Medical Inc. for allegedly infringing on a patent through the manufacture and sale of its Helex Septal Occluder, an implant that closes atrial heart defects.
Gore is Flagstaff's biggest for-profit employer with about 1,200 employees. It denied any wrongdoing and said it will vigorously defend its patent rights.
The Gore device is approved by the FDA to treat atrial septal defect and has been used to treat thousands of children and adults worldwide since first entering clinical trials in 1999.
Additionally, Gore has received FDA approval to begin clinical studies to assess the effectiveness of its helex device to close patent foramen ovale (PFO) in the heart.
In a statement, Gore said it learned of patent infringement claim only when the complaint was filed late last month and that the Helex does not infringe on NMT's patent..
"It is Gore's policy to never knowingly infringe the valid patent rights of others," said the written statement. "Gore would have welcomed the opportunity to explain this to the plaintiffs if they had been willing to enter into a dialogue prior to initiating the present lawsuit."
SOURCE: AZDailySun.com