In re: Ethicon, Inc.

Ethicon’s 844 patent relates to intraluminal medical devices for the local delivery of drugs, e.g., drug-eluting stents, and methods for maintaining drugs on those devices. Angioplasty can be used to alleviate blockages of blood vessels, but expansion of the balloon catheter during angioplasty can result in injury to the smooth muscle cells within the vessel wall, which can lead to restenosis, the gradual re-closure of the vessel. The 844 patent teaches that stent coatings themselves, and stent coatings delivering drugs locally, may be capable of reducing restenosis. Following inter partes reexamination, the Patent Trial and Appeal Board affirmed the examiner’s rejection of several claims as obvious. The Federal Circuit affirmed. Substantial evidence supports the Board’s factual findings that the claimed invention is merely the simple substitution of a coating known to be useful in in vivo applications, including stents, in a weight ratio known to provide a good balance between strength and elasticity, for that coating. View "In re: Ethicon, Inc." on Justia Law